Payment of Claims for Unclaimed Property

Part 3, Title 10, Chapter 3 deals with the payment of claims under the unclaimed property law in California. Article contains general provisions.

Section 1335 states that, when payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit can be maintained by any other claimant against the State or any officer thereof for or on account of such property.

Article 2 concerns the refund of erroneous receipts in the payment of claims.

Section 1345 provides that, 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 other property is deposited in the Unclaimed Property Fund or is held by the Controller or Treasurer in the name of any account in that fund pursuant to this title, the moneys or other property delivered in error may be refunded or returned to that person on order of the Controller.

Section 1346 says that, if any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee, and the moneys or other property is deposited in the General Fund, the moneys or other property delivered in error, if cash, is to be transferred from the General Fund to the Unclaimed Property Fund.

Section 12347 states that, 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 Controller and Treasurer covering property other than money held in the name of any account in the Unclaimed Property Fund are adjusted to record the property as held in the name of the General Fund, if it is subsequently determined that such money or other property is not, in fact, permanently escheated, then it is to be retransferred from the General Fund to the Unclaimed Property Fund.

Article 3 concerns claims. Section 1350 specifies that all money or other property deposited in the State Treasury under the provisions of this title may be claimed by the person entitled thereto at any time prior to the date on which such money or other property has become permanently escheated, as provided by this title.

Section 1351 specifies that all money or other property deposited in the State Treasury under the provisions of this title, if not claimed by the person entitled thereto within five years from the date of such deposit, then becomes the property of the State by escheat.

Section 1352 states that, whenever unclaimed money or other property is deposited in the State Treasury under this title, and, whenever there is in the possession of the state or its officers any money or other property which is held for third persons or the title to which has vested in the state subject to the rights of third persons, any person may present his or her claim for it to the Controller.

Section 1353 specifies that, whenever money or other property is deposited in the State Treasury under the provisions of this title, and when there is in the possession of the State or its officers any money or other property which is to be held for third persons or the title to which has vested in the State subject to the rights of third persons, the Superior Court of the County of Sacramento has full and exclusive jurisdiction to determine the title to such money or other property and all claims thereto.

Section 1354 provides that, whenever any claim is made or petition filed by the representative of an estate or other person, to recover money or other property deposited in the State Treasury, no recovery is allowed unless it affirmatively appears that there are heirs or legatees who will receive the money or other property or creditors of the deceased owner of the claim whose claims are valid and are not barred.

Section 1355 specifies that, within five years after date of entry of judgment in any proceeding had, or within five years after completion of notice by publication in an escheat action taken, a person not a party or privy to such proceeding or action, if not otherwise barred, may file a petition in the Superior Court of the County of Sacramento, showing his claim or right to the money or other property, or the proceeds thereof.