Part 4 - ESCHEAT OF DECEDENT'S PROPERTY

California Probate Code — §§ 6800-6806

Sections (7)

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

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

§ 6802

Enacted by Stats. 1990, Ch. 79.

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

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

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

Enacted by Stats. 1990, Ch. 79.

(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

Enacted by Stats. 1990, Ch. 79.

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.