SECTIONS 6800-6806 - California Statutes

PROBATE CODE

SECTION 6800-6806

6800. (a) If a decedent, whether or not the decedent was domiciled
in this state, leaves no one to take the decedent's estate or any
portion thereof by testate succession, and no one other than a
government or governmental subdivision or agency to take the estate
or a portion thereof by intestate succession, under the laws of this
state or of any other jurisdiction, the same escheats at the time of
the decedent's death in accordance with this part.
(b) Property that escheats to the state under this part, whether
held by the state or its officers, is subject to the same charges and
trusts to which it would have been subject if it had passed by
succession and is also subject to the provisions of Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure relating to escheated estates.

6801. Real property in this state escheats to this state in
accordance with Section 6800.

6802. All tangible personal property owned by the decedent,
wherever located at the decedent's death, that was customarily kept
in this state prior to the decedent's death, escheats to this state
in accordance with Section 6800.

6803. (a) Subject to subdivision (b), all tangible personal
property owned by the decedent that is subject to the control of a
superior court of this state for purposes of administration under
this code escheats to this state in accordance with Section 6800.
(b) The property described in subdivision (a) does not escheat to
this state but goes to another jurisdiction if the other jurisdiction
claims the property and establishes all of the following:
(1) The other jurisdiction is entitled to the property under its
law.
(2) The decedent customarily kept the property in that
jurisdiction prior to the decedent's death.
(3) This state has the right to escheat and take tangible personal
property being administered as part of a decedent's estate in that
jurisdiction if the decedent customarily kept the property in this
state prior to the decedent's death.

6804. All intangible property owned by the decedent escheats to
this state in accordance with Section 6800 if the decedent was
domiciled in this state at the time of the decedent's death.

6805. (a) Subject to subdivision (b), all intangible property owned
by the decedent that is subject to the control of a superior court
of this state for purposes of administration under this code escheats
to this state in accordance with Section 6800 whether or not the
decedent was domiciled in this state at the time of the decedent's
death.
(b) The property described in subdivision (a) does not escheat to
this state but goes to another jurisdiction if the other jurisdiction
claims the property and establishes all of the following:
(1) The other jurisdiction is entitled to the property under its
laws.
(2) The decedent was domiciled in that jurisdiction at the time of
the decedent's death.
(3) This state has the right to escheat and take intangible
property being administered as part of a decedent's estate in that
jurisdiction if the decedent was domiciled in this state at the time
of the decedent's death.

6806. Notwithstanding any other provision of law, a benefit
consisting of money or other property distributable from a trust
established under a plan providing health and welfare, pension,
vacation, severance, retirement benefit, death benefit, unemployment
insurance or similar benefits does not pass to or escheat to the
state under this part but goes to the trust or fund from which it is
distributable, subject to the provisions of Section 1521 of the Code
of Civil Procedure. However, if such plan has terminated and the
trust or fund has been distributed to the beneficiaries thereof prior
to distribution of such benefit from the estate, such benefit passes
to the state and escheats to the state under this part.