Escheat Of Decedent's Property - Wills And Intestate Succession - Probate - CA

Section § 6800

This law addresses situations where a person dies without any heirs or a valid will to distribute their estate. If no one is eligible to inherit the estate under the laws of this state or any other, the estate becomes the property of the state at the person's death, a process known as escheat. This applies even if the deceased was not a resident of the state. Any property that escheats to the state will still be subject to the same responsibilities and conditions it would have if inherited by someone, and it must comply with additional legal rules about escheated property.

(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.

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Section § 6801

If someone owns real property (like land or a house) in California and dies without any legal heirs or a will, that property goes to the state, following the rules in Section 6800.

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

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Section § 6802

If someone passes away and leaves behind personal belongings that were usually kept in California, these items become the property of the state if there aren't any heirs. This process follows the rules outlined in another part of the law.

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.

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Section § 6803

If someone dies without a will and no heirs, any tangible personal property they owned that is under the control of a California court will usually go to the state of California. However, if another place wants to claim the property, it can do so if it proves three things: its laws say it has rights to the property, the deceased usually kept the property there, and California would have a similar right to claim property from that place if the situation were reversed.

(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.

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Section § 6804

If someone dies while living in this state, all of their non-physical belongings, like stocks or bonds, are transferred to the state if no one else is legally entitled to them.

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.

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Section § 6805

This law explains how intangible property (like stocks or patents) of someone who has died, and is being managed by a court in California, usually goes to the state if the person didn't leave instructions. However, if the person lived somewhere else when they died, that place can claim the property instead if they can prove they have a right to it.

(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.

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Section § 6806

This law states that if money or property is supposed to be distributed from a trust set up for things like health benefits, pensions, or similar plans, it won't go to the state if the person dies. Instead, it goes to the trust or fund it's meant for. However, if the plan has ended and everything from the trust has already been given out to the beneficiaries before the person dies, then the remaining benefit will go to the state.

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.

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