SECTIONS 1440-1449 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1440-1449

1440. Whenever, under the provisions of this title or under any
other provision of law, any unclaimed money or other property in an
estate of a deceased person, or any unclaimed amount payable pursuant
to an allowed and approved claim against such an estate, is paid to
the State or any officer or employee thereof for deposit in the State
Treasury, it shall be deemed to have been so paid under the
provisions of this article.

1441. Money or other property distributed to the state under
Chapter 6 (commencing with Section 11900) of Part 10 of Division 7 of
the Probate Code, if not claimed within five years from the date of
the order for distribution, as provided in Chapter 3, is permanently
escheated to the state without further proceeding; saving, however,
to infants and persons of unsound mind, the right to appear and file
their claims within the time limited pursuant to Section 1430, or
within one year after their respective disabilities cease; provided,
however, that any such property shall be conclusively presumed to be
permanently escheated to the state as to all persons in favor of a
purchaser in good faith and for a valuable consideration from the
state and anyone subsequently claiming under that purchaser, saving
however, to infants and persons of unsound mind the right of recourse
to the proceeds of any sale or other disposition of that property by
the state and as herein provided.

1442. Except as otherwise provided in Section 1441, any money or
other property paid into the State Treasury under the provisions of
this article may be claimed by the person entitled thereto, as
provided in Chapter 3.

1443. Notwithstanding any other provision of law, all money or
other property paid or delivered to the state or any officer or
employee thereof under the provisions of Section 7643 or 11428,
Chapter 6 (commencing with Section 11900) of Part 10 of Division 7,
or Section 6800, of the Probate Code, or under any other section of
the Probate Code, or any amendment thereof adopted after the
effective date of this section, shall be deemed to be paid or
delivered for deposit in the State Treasury under the provisions of
this article, and shall be transmitted, received, accounted for, and
disposed of, as provided in this title.

1444. At the time of the next county settlement following the
expiration of one year from the date of its deposit in the county
treasury, all money or other property distributed in the
administration of an estate of a deceased person and heretofore or
hereafter deposited in the county treasury to the credit of known
heirs, legatees, or devisees, and any money or other property
remaining on deposit to the credit of an estate after final
distribution to such known heirs, legatees or devisees, shall be paid
to the Treasurer or Controller as provided in Chapter 2.

1444.5. Notwithstanding any other provision of law, any money on
deposit with the county treasurer of a county received from a public
administrator of the county in trust and to the account of the estate
of a deceased person or the creditor of a deceased person, in an
amount of fifty dollars ($50) or less as to any one estate or
creditor, and not covered by a decree of distribution, which was
received or remained on hand after the final accounting in such
deceased person's estate and the discharge of such public
administrator as representative of the estate, and where the money
has so remained on deposit in trust for a period of 15 years or more
unclaimed by any heir, devisee or legatee of such deceased person, or
by any creditor having an allowed and approved claim against the
deceased person's estate remaining unpaid, shall be deemed
permanently escheated to the State of California. The total of any
such moneys so held in trust unclaimed for such period may be paid in
a lump sum by the county treasurer, from such funds as he may have
on hand for the purpose, to the State Treasurer, at the time of the
next county settlement after the effective date of this section, or
at any county settlement thereafter. Such lump sum payment may be
made by designating it to have been made under this section, without
the necessity of any further report or statement of the estates or
claimants concerned, without the necessity of any order of court, and
without being subject to the provisions of Section 1311 or 1312.
Upon receipt by the State Treasurer, any permanently escheated money
received by him under this section shall forthwith be deposited in
the School Land Fund, subject only to the rights of minors and
persons of unsound mind saved to them by Section 1430.
This section shall also apply in all respects to any money on
deposit with a county treasurer received from the coroner of the
county in trust and to the account of a deceased person, and any such
money shall be held, deemed permanently escheated, reported and paid
over in like manner as hereinabove set forth.

1445. If money or other property is deposited in a county treasury,
and if the deposits belong (1) to known decedents' estates on which
letters testamentary or letters of administration have never been
issued or (2) to known decedents' estates on which letters
testamentary or letters of administration have been issued but no
decree of distribution has been rendered, due to the absence of any
parties interested in the estate or the failure of such parties
diligently to protect their interests by taking reasonable steps for
the purpose of securing a distribution of the estate, the county
treasurer shall, within one year following the expiration of five
years from the date of such deposit, file a petition in the superior
court of the county in which the deposit is held, setting forth the
fact that the money or other personal property has remained in the
county treasury under such circumstances for such five-year period,
and petitioning the court for an order directing him to pay such
money or other property into the State Treasury.
At the time of the next county settlement following the date of
the making of the order by the court, unless earlier payment is
required by the Controller, the county treasurer shall pay such money
or other property to the Treasurer or Controller as provided in
Chapter 2.

1446. Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who dies while
confined in any state institution subject to the jurisdiction of the
Director of Corrections, which is paid or delivered to the State or
any officer or employee thereof under the provisions of Section 5061
of the Penal Code, or under any amendment thereof adopted after the
effective date of this section, shall be deemed to be paid or
delivered for deposit in the State Treasury under the provisions of
this article, and shall be transmitted, received, accounted for, and
disposed of, as provided in this part.

1447. Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who dies while
confined in any state institution subject to the jurisdiction of the
Department of Mental Hygiene, which is paid or delivered to the State
or any officer or employee thereof under the provisions of Section
166 of the Welfare and Institutions Code, or under any amendment
thereof adopted after the effective date of this section, shall be
deemed to be paid or delivered for deposit in the State Treasury
under the provisions of this article, and shall be transmitted,
received, accounted for, and disposed of, as provided in this part.

1448. Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who dies while
confined in any state institution subject to the jurisdiction of the
Youth Authority, which is paid or delivered to the State or any
officer thereof under the provisions of Section 1015 of the Welfare
and Institutions Code or under any amendment thereof adopted after
the effective date of this section, shall be deemed to be paid or
delivered for deposit in the State Treasury under the provisions of
this article, and shall be transmitted, received, accounted for, and
disposed of, as provided in this part.

1449. Notwithstanding any other provision of law, all presumptively
abandoned money or other property paid or delivered to the Treasurer
or Controller under the provisions of Section 7644 of the Probate
Code shall be deemed to be paid or delivered for deposit in the State
Treasury under the provisions of this article, and shall be
transmitted, received, accounted for, and disposed of as provided in
this title.