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 Treasury, the person responsible for making such payment shall, if it is cash, transmit it to the Treasurer, and if it is personal property other than cash, transmit it to the Controller for deposit in the State Treasury.
Receipt and Expenditure of FundsDeposit of Unclaimed Property
Section § 1310
This section explains what to do with unclaimed money or property that is supposed to go to the state. If it's cash, send it to the State Treasurer. If it's any other type of property, send it to the State Controller to deposit in the State Treasury.
unclaimed money unclaimed property State Treasurer
Section § 1311
If you're sending money or property to the Treasurer or Controller, you need to inform the Controller in writing. This notice should include the amount of cash, details about other personal property, the name and last known address of the person who should receive it, and the law that requires you to send it. If it's related to someone's estate, include the deceased person's name, where the probate happened, and any case number. You might also need to provide more information from your records as the Controller requests.
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, furnish written notice thereof to the Controller, setting forth the amount of cash transmitted, the nature and description of the personal property other than cash transmitted, the name and last known address of the person entitled to such property or for whose benefit such property is transmitted, a reference to the specific statutory provision under which such property is transmitted, and if such property represents the proceeds of an estate of a decedent, or an unclaimed amount payable pursuant to an allowed and
approved claim against such an estate, the name of the decedent, the county and court in which probate or escheat proceedings, if any, were held, the number of the action, if any; and, in the case of all classes of property so transmitted, such other identifying information available from the records of the person making such transmittal, as the Controller may require.
money transmission property transmittal Treasurer
Section § 1312
This law explains what to do when money or property from someone's estate (or as ordered by a court) is paid to the state. The person sending the money or property must provide the state with a certified copy of the court's order or decision that covers this money or property.
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 has been covered by a decree of distribution in a decedent’s estate, or by an order or decree of a court ordering such payment or adjudging that title to such property has vested in the State, the person transmitting such money or other property to the Treasurer or Controller shall, at the time of such transmittal, furnish to the Controller a certified copy of each court order or decree, and of each court order correcting or amending the same, covering such money or other property.
decree of distribution decedent’s estate court order
Section § 1313
The law establishes the Unclaimed Property Fund in the State Treasury, where all unclaimed money and other types of property (except permanently escheated property) held by the state or its officials must be deposited. This is done under the direction of the Controller.
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 any officer or employee thereof for deposit in the State Treasury under the provisions of this title shall, on order of the Controller, be deposited in the Unclaimed Property Fund.
All property other than money, including the proceeds from the sale or other disposition thereof, except permanently escheated property received by, or coming into the possession of, the state or any officer or employee thereof under the provisions of
this title shall, on order of the Controller, be deposited in the State Treasury to be held in the Unclaimed Property Fund.
Unclaimed Property Fund State Treasury Controller order
Section § 1314
This law explains that the Controller is responsible for keeping track of funds and property that have been turned over to the state as unclaimed. There's a special account in the Unclaimed Property Fund where this money is recorded. If the property is turned into cash, it's credited to this account. Any personal property held by the state is managed under the same account by the Treasurer.
The Controller shall maintain a separate account in the Unclaimed Property Fund covering the accountability for money deposited in the Unclaimed Property Fund under each article of Chapter 6. All real and personal property distributed to the State or delivered into the possession of the State or any officer or employee thereof under the provisions of this title, shall be accounted for by the Controller in the name of the account in the Unclaimed Property Fund to which the proceeds thereof, if converted into cash, would be credited under the provisions of this title. All personal property deposited in the State Treasury under the provisions of this title shall be held by
the Treasurer in the name of the same account in the Unclaimed Property Fund for which such property is accounted by the Controller, as herein provided.
Controller Unclaimed Property Fund accountability
Section § 1315
If there's money or property from a deceased person's estate that no one has claimed, and it goes to the state and gets deposited in the state's treasury, it will be logged in the state's records under that estate's name. This is done so that the rightful owner or their heirs can later claim it.
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 such an estate, is received by the State or any officer or employee thereof and deposited in the State Treasury under the provisions of this title, it shall be recorded on the books of the Controller to the credit, or in the name, of such estate, for the benefit of the person entitled thereto or his successors in interest.
unclaimed estate money deceased person's estate state treasury deposit
Section § 1316
If the state receives unclaimed money or property meant for heirs, creditors, or others entitled to an inheritance, it is put into the State Treasury and recorded in the Controller's books under their names. This ensures that the rightful people can claim it later.
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 this title for the benefit of known heirs, devisees, legatees or creditors of an estate of a deceased person, or for the benefit of known claimants, payees, or other persons entitled thereto, it shall be recorded on the books of the Controller to the credit, or in the name, of such heirs, devisees, legatees, creditors, claimants, payees, or other persons entitled thereto.
unclaimed money State Treasury heirs
Section § 1317
This law section says that money from canceled government-issued payment orders, which were added to a specific 'Unclaimed Property Fund,' will be moved to the main state fund on the Controller's instruction.
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 Controller, be transferred to the General Fund.
canceled warrant Unclaimed Property Fund transfer
Section § 1318
This law states that any interest or income made from investing the money in the Unclaimed Property Fund must be deposited into the General Fund, as directed by the Controller.
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 Code, shall, on order of the Controller, be deposited in the General Fund.
Unclaimed Property Fund investment income interest
Section § 1319
If the state holds any money from rents, interest, or other earnings on unclaimed property, it is put into a special fund called the Unclaimed Property Fund. This money is held for the person who originally owned the property, or their heirs, and they can claim it just like the unclaimed property itself. However, they must claim it within the same time frame that the unclaimed property can be claimed.
Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property received and held by the State in the name of the Unclaimed Property Fund under the provisions of this title shall, on order of the Controller, be deposited in the Unclaimed Property Fund, and shall be credited by the Controller to the account maintained by him, in the name of which such property is accounted, as provided in Chapter 2. Any moneys deposited in the Unclaimed Property Fund under the provisions of this section shall be held for the benefit of the person or persons entitled to the property from which such moneys were
derived, or their successors in interest; and shall be subject to claim in the same manner as such property may be claimed; but the period in which such moneys shall be available for claim by and payment to the person or persons entitled thereto shall not extend beyond the period in which the property from which such moneys were derived is available for claim and payment under the provisions of this title.
Unclaimed Property Fund Controller income from property
Section § 1320
This law explains that any money earned from property that permanently belongs to the state, like rent or interest from such property, should be put into the state's General Fund as directed by the Controller. Once this money is in the General Fund, it is considered to permanently belong to the state, just like the property it came from.
Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property that has permanently escheated to the state, shall, on order of the Controller, be deposited in the General Fund.
All moneys deposited in the General Fund under the provisions of this section shall be deemed to have permanently escheated to the state as of the date of permanent escheat of the property from which such moneys were derived.
escheated property General Fund state Controller
Section § 1321
If someone hands over money or property to the state's Treasurer or Controller, they're protected by the state from any claims related to that money or property. No one can sue them, or the officers involved, for handing over the items or for any damages arising from this action. Once a report about such money or property is filed, the owner isn't entitled to get interest on it anymore, even if they were before. The terms "person" and "holder" are defined elsewhere in the code for clarity.
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 harmless by the State from all or any claim or claims which exist at that time with reference to such money or other property, or which may thereafter be made, or which may come into existence, on account of, or in respect to, such money or other property.
No action shall be maintained against any person who is the holder of such money or other property, nor against any officer as agent thereof, for:
(a)CA Civil Procedure Code § 1321(a) The
recovery of such money or other property delivered to the Treasurer or Controller pursuant to this title, or for interest thereon subsequent to the date of the report thereof, if any, to the Controller; or
(b)CA Civil Procedure Code § 1321(b) Damages alleged to have resulted from such delivery to the Treasurer or Controller.
No owner of money or other property shall be entitled to receive interest thereon or with respect thereto from and after the date on which a report of such money or other property is made to the Controller pursuant to any provision of this title, whether or not he was entitled to such interest prior to such report.
As used in this section, “person” and “holder” have the respective meanings set forth in Section 1461 of this code.
Treasure or Controller delivery claims protection holder protection
