TITLE 10. UNCLAIMED PROPERTY [1300. - 1615.]
Title 10 added by Stats. 1951, Ch. 1708.
§§ 1300–1615 · 146 sections
CHAPTER 1. General Provisions §§ 1300–1306 · 4 sections
ARTICLE 1. Definitions §§ 1300–1301 · 2 sections
- § 1300 For the purposes of this title, the following definitions shall apply: (a) “Property,” unless specifically qualified, includes all classes of property, real,…
- § 1301 For the purposes of this title, unless otherwise specified, (1) a reference to a section refers to a section of this code; (2) a reference to an article refers…
ARTICLE 2. Purpose and Scope §§ 1305–1306 · 2 sections
- § 1305 It is the purpose of this title to provide for the receipt, custody, investment, management, disposal, escheat and permanent escheat of various classes of…
- § 1306 The provisions of this title do not apply to money or other property held by the State or any officer thereof as trustee or bailee under the terms of an…
CHAPTER 2. Receipt and Expenditure of Funds §§ 1310–1325 · 13 sections
ARTICLE 1. Deposit of Unclaimed Property §§ 1310–1321 · 12 sections
- § 1310 Whenever, under the provisions of this title or under any other provision of law, unclaimed money or other unclaimed property is payable into the State…
- § 1311 Any person transmitting money or other property to the Treasurer or Controller under the provisions of this title shall, at the time of such transmittal,…
- § 1312 Whenever money or other property is paid to the State or any officer or employee thereof under the provisions of this title, and such money or other property…
- § 1313 A fund is hereby created in the State Treasury, to be known as the Unclaimed Property Fund. All money, except permanently escheated money, paid to the state or…
- § 1314 The Controller shall maintain a separate account in the Unclaimed Property Fund covering the accountability for money deposited in the Unclaimed Property Fund…
- § 1315 If unclaimed money or other property in an estate of a deceased person, or if any unclaimed amount payable pursuant to an allowed and approved claim against…
- § 1316 If unclaimed money or other property is received by the State or any officer or employee thereof and deposited in the State Treasury under the provisions of…
- § 1317 The amount of each canceled warrant credited to the Unclaimed Property Fund under the provisions of Section 17072 of the Government Code shall, on order of the…
- § 1318 All interest received and other income derived from the investment of moneys in the Unclaimed Property Fund, as provided in Section 13470 of the Government…
- § 1319 Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property received and…
- § 1320 Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property that has…
- § 1321 Any person delivering money or other property to the Treasurer or Controller under the provisions of this title shall, upon such delivery, be relieved and held…
ARTICLE 2. Appropriation § 1325 · 1 section
- § 1325 Notwithstanding Section 13340 of the Government Code, all money in the Unclaimed Property Fund is hereby continuously appropriated to the Controller, without…
CHAPTER 3. Payment of Claims §§ 1335–1355 · 10 sections
ARTICLE 1. General § 1335 · 1 section
- § 1335 When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be maintained…
ARTICLE 2. Refund of Erroneous Receipts §§ 1345–1347 · 3 sections
- § 1345 If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys or…
- § 1346 If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys or…
- § 1347 Whenever money deposited in the Unclaimed Property Fund is transferred to the General Fund under the provisions of this title, and whenever the records of the…
ARTICLE 3. Claims §§ 1350–1355 · 6 sections
- § 1350 Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title may be claimed by the…
- § 1351 Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title, if not claimed by the…
- § 1352 (a) Whenever unclaimed money or other property is deposited in the State Treasury under this title, and, except as otherwise provided by law, whenever there is…
- § 1353 Except as otherwise provided in Sections 401 or 1352, whenever money or other property is deposited in the State Treasury under the provisions of this title,…
- § 1354 Whenever any claim is made or petition filed by the representative of an estate or other person, under the provisions of this chapter, or under any other…
- § 1355 Within five years after date of entry of judgment in any proceeding had under the provisions of Chapter 5, or within five years after completion of notice by…
CHAPTER 4. Management of Unclaimed Property §§ 1360–1394 · 21 sections
ARTICLE 1. General Provisions §§ 1360–1361 · 2 sections
- § 1360 For the purposes of this chapter, the following definitions shall apply: (a) “Personal property” means personal property falling within the definition of…
- § 1361 The care and custody of all property delivered to the Treasurer or Controller pursuant to this title is assumed by the State for the benefit of those entitled…
ARTICLE 2. Powers of the Controller § 1365 · 1 section
- § 1365 In connection with all unclaimed property, the Controller has all of the powers necessary in order to safeguard and conserve the interests of all parties,…
ARTICLE 3. Sale or Disposal of Property §§ 1370–1382 · 13 sections
- § 1370 The Controller may sell or lease personal property at any time, and in any manner, and may execute those leases on behalf and in the name of the State of…
- § 1371 The Controller may sell, cash, redeem, exchange, or otherwise dispose of any securities and all other classes of personal property, and may sell, cash, redeem,…
- § 1372 The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing,…
- § 1373 The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be…
- § 1374 The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter.
- § 1375 Any real property may be sold or leased by the Controller at private sale without published notice.
- § 1376 Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the State of California, a…
- § 1377 The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property…
- § 1378 No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller…
- § 1379 The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is…
- § 1380 All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the…
- § 1381 All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or…
- § 1382 Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title to…
ARTICLE 4. Disposal of Proceeds of Sale or Lease §§ 1390–1394 · 5 sections
- § 1390 The Controller shall deliver to the Treasurer the proceeds of any sale or lease of property, other than permanently escheated property, made pursuant to this…
- § 1391 The Controller shall deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made pursuant to this chapter; and, on order…
- § 1392 The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the…
- § 1393 The proceeds of any transaction by the Controller under the provisions of this chapter, in connection with property received and held by the state under the…
- § 1394 The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the…
CHAPTER 5. Escheat Proceedings §§ 1410–1431 · 9 sections
ARTICLE 1. Escheat Proceedings on Unclaimed Property § 1410 · 1 section
- § 1410 The Attorney General shall, from time to time, commence actions on behalf of the state for the purpose of having it adjudged that title to unclaimed property…
ARTICLE 2. Escheat by Notice and Publication § 1415 · 1 section
- § 1415 Whenever any money or other personal property of a value of one thousand dollars ($1,000) or less has heretofore been, or is hereafter, deposited in the State…
ARTICLE 3. Escheat Proceedings in Decedents’ Estates §§ 1420–1424 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Permanent Escheat §§ 1430–1431 · 2 sections
- § 1430 (a) Upon the expiration of five years after the date of entry of judgment in any proceeding pursuant to this chapter, or upon the expiration of five years…
- § 1431 When money in the Unclaimed Property Fund has become permanently escheated to the state, the amount thereof shall, on order of the Controller, be transferred…
CHAPTER 6. Disposition of Unclaimed Property §§ 1440–1476 · 12 sections
ARTICLE 1. Estates of Deceased Persons §§ 1440–1449 · 11 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 1447 Notwithstanding any other law, all unclaimed money or other property belonging to a person who dies while confined in a state institution subject to the…
- § 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…
- § 1449 Notwithstanding any other provision of law, all presumptively abandoned money or other property paid or delivered to the Treasurer or Controller under the…
ARTICLE 2. Abandoned Property § 1476 · 1 section
- § 1476 The expiration of any period of time specified by law, during which an action or proceeding may be commenced or enforced to secure payment of a claim for money…
CHAPTER 7. Unclaimed Property Law §§ 1500–1582 · 61 sections
ARTICLE 1. Short Title; Definitions; Application §§ 1500–1506 · 8 sections
- § 1500 This chapter may be cited as the Unclaimed Property Law.
- § 1501 As used in this chapter, unless the context otherwise requires: (a) “Apparent owner” means the person who appears from the records of the holder to be entitled…
- § 1501.5 (a) Notwithstanding any provision of law to the contrary, property received by the state under this chapter shall not permanently escheat to the state. (b) The…
- § 1502 (a) This chapter does not apply to any of the following: (1) Any property in the official custody of a municipal utility district. (2) Any property in the…
- § 1503 (a) As used in this section: (1) “Old act” means this chapter as it existed prior to January 1, 1969. (2) “New act” means this chapter as it exists on and…
- § 1504 (a) As used in this section: (1) “Old act” means this chapter as it existed prior to January 1, 1969. (2) “New act” means this chapter as it exists on and…
- § 1505 This chapter does not affect any duty to file a report with the State Controller or to pay or deliver any property to him that arose prior to January 1, 1969,…
- § 1506 The provisions of this chapter as it exists on and after January 1, 1969, insofar as they are substantially the same as the provisions of this chapter as it…
ARTICLE 2. Escheat of Unclaimed Personal Property §§ 1510–1528 · 20 sections
- § 1510 Unless otherwise provided by statute of this state, intangible personal property escheats to this state under this chapter if the conditions for escheat stated…
- § 1511 (a) Any sum payable on a money order, travelers check, or other similar written instrument (other than a third-party bank check) on which a business…
- § 1513 (a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state: (1) (A) Except as provided in…
- § 1513.5 (a) Except as provided in subdivision (c), if the holder has in its records an address for the apparent owner, which the holder’s records do not disclose to be…
- § 1514 (a) The contents of, or the proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository, held in this state by a business…
- § 1515 (a) Subject to Section 1510, funds held or owing by a life insurance corporation under any life or endowment insurance policy or annuity contract which has…
- § 1515.5 Property distributable in the course of a demutualization or related reorganization of an insurance company is deemed abandoned as follows: (a) On the date of…
- § 1516 (a) Subject to Section 1510, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to…
- § 1516.5 (a) Pursuant to Section 1510, any digital financial asset held or owing by a business association escheats to the state if unclaimed by the owner for more than…
- § 1517 (a) All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a business association that is unclaimed by the owner…
- § 1518 (a) (1) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, including intangible personal…
- § 1518.5 (a) Subject to Section 1510, funds maintained in a preneed funeral trust or similar account or plan escheat to the state if, for more than three years after…
- § 1519 All tangible personal property located in this state, and, subject to Section 1510, all intangible personal property, held for the owner by any government or…
- § 1519.5 Subject to Section 1510, any sums held by a business association that have been ordered to be refunded by a court or an administrative agency including, but…
- § 1520 (a) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, except property of the classes…
- § 1520.5 Section 1520 does not apply to gift certificates subject to Title 1.4A (commencing with Section 1749.45) of Part 4 of Division 3 of the Civil Code. However,…
- § 1521 (a) Except as provided in subdivision (b), and subject to Section 1510, all employee benefit plan distributions and any income or other increment thereon…
- § 1522 No service, handling, maintenance or other charge or fee of any kind which is imposed because of the inactive or unclaimed status contemplated by this chapter,…
- § 1523 If an insurer, after a good faith effort to locate and deliver to a policyholder a Proposition 103 rebate ordered or negotiated pursuant to Section 1861.01 of…
- § 1528 This chapter does not apply to unclaimed funds held by a life insurance corporation which is organized or admitted as a domestic fraternal benefit society…
ARTICLE 3. Identification of Escheated Property §§ 1530–1533 · 7 sections
- § 1530 (a) Every person holding funds or other property escheated to this state under this chapter shall report to the Controller as provided in this section. (b) The…
- § 1531 (a) Within one year after payment or delivery of escheated property as required by Section 1532, the Controller shall cause a notice to be published in a…
- § 1531.5 (a) The Controller shall establish and conduct a notification program designed to inform owners about the possible existence of unclaimed property received…
- § 1531.6 (a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings…
- § 1532 (a) Every person filing a report as provided by Section 1530 shall, no sooner than seven months and no later than seven months and 15 days after the final date…
- § 1532.1 Notwithstanding Sections 1531 and 1532, property that escheats to the state pursuant to Section 1514 shall not be paid or delivered to the state until the…
- § 1533 Tangible personal property may be excluded from the notices required by Section 1531, shall not be delivered to the Controller, and shall not escheat to the…
ARTICLE 4. Payment of Claims §§ 1540–1543 · 4 sections
- § 1540 (a) Any person, excluding another state, who claims to have been the owner, as defined in subdivision (d), of property paid or delivered to the Controller…
- § 1541 Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days after the filing of the…
- § 1542 (a) At any time after property has been paid or delivered to the Controller under this chapter, another state is entitled to recover the property if: (1) The…
- § 1543 Notwithstanding Section 1540, the Controller may do any of the following to streamline the secure payment of claims: (a) Minimize the number of documents a…
ARTICLE 5. Administration of Unclaimed Property §§ 1560–1568 · 10 sections
- § 1560 (a) Upon the payment or delivery of escheated property to the Controller, the state shall assume custody and shall be responsible for the safekeeping of the…
- § 1561 (a) If the holder pays or delivers escheated property to the State Controller in accordance with this chapter and thereafter any person claims the property…
- § 1562 When property other than money is delivered to the State Controller under this chapter, any dividends, interest or other increments realized or accruing on…
- § 1563 (a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to…
- § 1564 (a) All money received under this chapter, including the proceeds from the sale of property under Section 1563, shall be deposited in the Unclaimed Property…
- § 1564.5 (a) Notwithstanding any law, including, but not limited to, Section 1564, all money received under this chapter from funds held in an Interest on Lawyers’…
- § 1565 Any property delivered to the Controller pursuant to this chapter that has no apparent commercial value shall be retained by the Controller for a period of not…
- § 1566 (a) When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be…
- § 1567 The Director of Parks and Recreation may examine any tangible personal property delivered to the Controller under this chapter for purposes of determining…
- § 1568 (a) The Controller may select one or more custodians for the management and safekeeping of digital financial assets that have escheated to the state. Any…
ARTICLE 6. Compliance and Enforcement §§ 1570–1577.5 · 9 sections
- § 1570 The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment…
- § 1571 (a) The Controller may at reasonable times and upon reasonable notice examine the records of any person if the Controller has reason to believe that the person…
- § 1572 (a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes: (1) To…
- § 1573 The State Controller may enter into an agreement to provide information needed to enable another state to determine unclaimed property it may be entitled to…
- § 1574 At the request of another state, the Attorney General of this state may bring an action in the name of the other state, in any court of appropriate…
- § 1575 (a) If the State Controller believes that a person in another state holds property subject to escheat under this chapter and the courts of this state cannot…
- § 1576 (a) Any person who willfully fails to render any report or perform other duties, including use of the report format described in Section 1530, required under…
- § 1577 (a) In addition to any damages, penalties, or fines for which a person may be liable under other provisions of law, any person who fails to report, pay, or…
- § 1577.5 (a) This section shall be known, and may be cited, as the “California Voluntary Compliance Program.” (b) The Controller may establish a program for the…
ARTICLE 7. Miscellaneous §§ 1580–1582 · 3 sections
- § 1580 The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter.
- § 1581 (a) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments (other than third-party bank…
- § 1582 (a) (1) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 is invalid if either of the following…
CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments §§ 1600–1615 · 16 sections
- § 1600 It is the policy of this State: (a) To discover property in the custody of officers, departments, and agencies of the United States, which property is…
- § 1601 As used in this chapter: (a) “Unclaimed property” means any tangible personal property or intangible personal property, including choses in action in amounts…
- § 1602 The Controller is authorized to enter into agreements establishing the time and manner for payments of this State’s proportionate share of the actual and…
- § 1603 The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with…
- § 1604 (a) All unclaimed intangible property, together with all interest and other increments accruing thereto, is subject to delivery to this state if the last known…
- § 1605 The Governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means whereby…
- § 1606 On the thirtieth day of June next following the date of certification by the Governor, and annually thereafter, the Controller shall request the Comptroller…
- § 1607 When a report is received from the Comptroller General or other proper officer of the United States, the Controller shall prepare and forward a copy thereof to…
- § 1608 The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment…
- § 1609 Within 120 days following the date of initial posting by the clerk of the superior court, the Attorney General shall commence a proceeding by filing a petition…
- § 1610 No summons or other process shall issue to direct the appearance and answer of a respondent. Commencing within five days after filing petition, notice of the…
- § 1611 Any person, whether or not named in the petition, may within 15 days after completion of notice respond to the petition by answer describing the property,…
- § 1612 Within 20 days following expiration of time for filing answer under Section 1611, the Attorney General shall apply to the court for a judgment relating to all…
- § 1613 The Controller shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of…
- § 1614 Property received under this chapter shall be deposited or sold by the State Controller as though received under Chapter 7 (commencing with Section 1500) of…
- § 1615 All money in the abandoned property account in the Unclaimed Property Fund is hereby continuously appropriated to the State Controller without regard to fiscal…