SECTIONS 1420-1424 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1420-1424

1420. (a) At any time after two years after the death of any
decedent who leaves property to which the state is entitled by reason
of it having escheated to the state, the Attorney General shall
commence a proceeding on behalf of the state in the Superior Court
for the County of Sacramento to have it adjudged that the state is so
entitled. The action shall be commenced by filing a petition, which
shall be treated as the information elsewhere referred to in this
title.
(b) The petition shall set forth a description of the property,
the name of the person last in possession thereof, the name of the
person, if any, claiming the property, or portion thereof, and the
facts and circumstances by virtue of which it is claimed the property
has escheated.
(c) Upon the filing of the petition, the court shall make an order
requiring all persons interested in the estate to appear and show
cause, if any, within 60 days from the date of the order, why the
estate should not vest in the state. The order must be published at
least once a week for four consecutive weeks in a newspaper published
in the County of Sacramento, the last publication to be at least 10
days prior to the date set for the hearing. Upon the completion of
the publication of the order, the court shall have full and complete
jurisdiction over the estate, the property, and the person of
everyone having or claiming any interest in the property, and shall
have full and complete jurisdiction to hear and determine the issues
therein, and render the appropriate judgment thereon.
(d) If proceedings for the administration of the estate have been
instituted, a copy of the order must be filed with the papers in the
estate. If proceedings for the administration of any estate of the
decedent have been instituted and none of the persons entitled to
succeed thereto have appeared and made claim to the property, or any
portion thereof, before the decree of final distribution therein is
made, or before the commencement of a proceeding by the Attorney
General, or if the court shall find that the persons as have appeared
are not entitled to the property of the estate, or any portion
thereof, the court shall, upon final settlement of the proceedings
for the administration of the estate, after the payment of all debts
and expenses of administration, distribute all moneys and other
property remaining to the State of California.
In any proceeding brought by the Attorney General under this
chapter, any two or more parties and any two or more causes of action
may be joined in the same proceedings and in the same petition
without being separately stated, and it shall be sufficient to allege
in the petition that the decedent left no heirs to take the estate
and the failure of heirs to appear and set up their claims in any
proceeding, or in any proceedings for the administration of the
estate, shall be sufficient proof upon which to base the judgment in
any proceeding or decree of distribution.
(e) If proceedings for the administration of any estate have not
been commenced within six months from the death of any decedent the
Attorney General may direct the public administrator to commence the
same forthwith.

1421. Whenever the Attorney General is informed that any estate has
escheated or is about to escheat to the state, or that the property
involved in any action or special proceeding has escheated or is
about to escheat to the state, the Attorney General may commence an
action on behalf of the state to determine its rights to the property
or may intervene on its behalf in any action or special proceeding
affecting the estate and contest the rights of any claimant or
claimants thereto. The Attorney General may also apply to the
superior court or any judge thereof for an order directing the county
treasurer to deposit in the State Treasury all money, and to deliver
to the Controller for deposit in the State Treasury, all other
personal property, in the possession of the county treasurer, which
may become payable to the State Treasury pursuant to Section 7643 of
the Probate Code.

1422. The court, upon the information being filed, and upon
application of the Attorney General, either before or after answer,
upon notice to the party claiming the estate, if known, may, upon
sufficient cause therefor being shown, appoint a receiver to take
charge of such estate, or any part thereof, or to receive the rents,
income and profits of the same until the title of such estate is
finally settled.

1423. All persons named in the information may appear and answer,
and may traverse or deny the facts stated therein at any time before
the time for answering expires, and any other person claiming an
interest in such estate may appear and be made a defendant, by motion
for that purpose in open court within the time allowed for
answering, and if no such person appears and answers within the time,
then judgment must be rendered that the State is the owner of the
property in such information claimed.
If any person appears and denies the title set up by the State, or
traverses any material fact set forth in the information, the issue
of fact must be tried as issues of fact are tried in civil actions.
If, after the issues are tried, it appears from the facts found or
admitted that the State has good title to the property in the
information mentioned, or any part thereof, judgment must be rendered
that the State is the owner and entitled to the possession thereof,
and that it recover costs of suit against the defendants who have
appeared and answered.
In any judgment rendered, or that has heretofore been rendered by
any court escheating property to the State, on motion of the Attorney
General, the court must make an order that such property, unless it
consists of money, be sold by the sheriff of the county where it is
situate, at public sale, for cash, after giving notice of the time
and place of sale, as may be prescribed by the court in such order;
that the sheriff, within five days after such sale, make a report
thereof to the court, and upon the hearing of such report, the court
may examine the report and witnesses in relation thereto, and if the
proceedings were unfair, or if the sum bid disproportionate to the
value, or if it appears that a sum exceeding said bid, exclusive of
the expense of a new sale, may be obtained, the court may vacate the
sale, and direct another to be had, of which notice must be given,
and the sale in all respects conducted as if no previous sale had
taken place. If an offer greater in amount than that named in the
report is made to the court in writing by a responsible person, the
court may, in its discretion, accept such offer and confirm the sale
to such person, or order a new sale.
If it appears to the court that the sale was legally made and
fairly conducted and that the sum bid is not disproportionate to the
value of the property sold, and that a sum exceeding such bid,
exclusive of the expense of a new sale, cannot be obtained, or if the
increased bid above mentioned is made and accepted by the court, the
court must make an order confirming the sale and directing the
sheriff, in the name of the State, to execute to the purchaser or
purchasers a conveyance of said property sold; and said conveyance
vests in the purchaser or purchasers all the right and title of the
State therein.
The sheriff shall, out of the proceeds of such sale, pay the cost
of said proceedings incurred on behalf of the State, including the
expenses of making such sale, and also an attorney's fee, if
additional counsel was employed in said proceedings, to be fixed by
the court, not exceeding 10 percent on the amount of such sale; and
the residue thereof shall be paid by said sheriff into the State
Treasury.

1424. If, in any proceeding had under this title, the judgment or
decree distributes or vests unclaimed property or any portion thereof
to or in the State of California and the distributing or vesting
clause contains words otherwise creating a trust in favor of certain
unknown or unidentified persons as a class, such judgment or decree
shall vest in the State of California both legal and equitable title
to such property; saving, however, the right of claimants to appear
and claim the property, as provided in this title.