§ 1353.Superior Court Jurisdiction to Determine Title to Money Or Property
Title 10. Unclaimed Property · Chapter 3. Payment of Claims · Article 3. Claims · Enacted 1708 · no amendments on record · Last verified July 29, 2026
Full Text of § 1353
Plain-English Summary
For claims outside Section 1352's smaller-dollar administrative process, this section supplies the judicial route. Except as Sections 401 or 1352 otherwise provide, whenever money or property is deposited in the State Treasury under this Title, or is otherwise held by the state for third persons or subject to their rights, the Superior Court of the County of Sacramento has full and exclusive jurisdiction to decide title to that money or property and any claims to it.
If the claim window has not yet closed, the entitled person can file a verified petition in that court -- or wherever Section 401 allows -- setting out their claim or right to the money, property, or proceeds. The petition has to state the facts Section 1355 requires, so far as they apply, and, when the property did not come from a decedent's estate, has to add whatever facts establish a prima facie right or title. Filing the petition triggers the same procedural steps Section 1355 lays out. If the court, after trial, is satisfied of the claimant's right, it issues a sealed certificate to that effect; presenting that certificate lets the Controller draw a warrant for money, or lets a certified copy authorize the state officer holding other property to deliver it to the claimant.
Frequently Asked Questions
Which court has jurisdiction over title disputes involving unclaimed property under this Title?
The Superior Court of the County of Sacramento, with full and exclusive jurisdiction, except as otherwise provided in Sections 401 or 1352.
What must a claimant's petition under this section include?
A verified statement of the claim or right to the money or property, the facts required under Section 1355 so far as applicable, and, if the property is unrelated to a decedent's estate, facts establishing a prima facie right or title.
What happens once the court is satisfied of the claimant's right?
The court grants a certificate under seal; the Controller then draws a warrant for money covered by it, or a certified copy authorizes delivery of other property to the claimant.
Amendment History
Added by Stats. 1951, Ch. 1708.