§ 1445.Petition By County Treasurer For Order Directing Payment of Money Or Property Into State Treasury

Title 10. Unclaimed Property · Chapter 6. Disposition of Unclaimed Property · Article 1. Estates of Deceased Persons · Enacted 1708 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1445 requires a county treasurer holding estate money or property for five years, where letters of administration were never issued or a decree of distribution was never rendered because no interested party pursued the estate, to petition the superior court within the following year for an order directing payment of that money to the State Treasury.

Full Text of § 1445

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If money or other property is deposited in a county treasury, and if the deposits belong (1) to known decedents' estates on which letters testamentary or letters of administration have never been issued or (2) to known decedents' estates on which letters testamentary or letters of administration have been issued but no decree of distribution has been rendered, due to the absence of any parties interested in the estate or the failure of such parties diligently to protect their interests by taking reasonable steps for the purpose of securing a distribution of the estate, the county treasurer shall, within one year following the expiration of five years from the date of such deposit, file a petition in the superior court of the county in which the deposit is held, setting forth the fact that the money or other personal property has remained in the county treasury under such circumstances for such five-year period, and petitioning the court for an order directing him to pay such money or other property into the State Treasury.

At the time of the next county settlement following the date of the making of the order by the court, unless earlier payment is required by the Controller, the county treasurer shall pay such money or other property to the Treasurer or Controller as provided in Chapter 2.

End

Plain-English Summary

Some estates stall out entirely, nobody ever opens formal administration, or administration opens but nobody follows through to get a distribution decree. This section makes sure county-held money from those stalled estates doesn't sit forgotten forever. It covers two situations: deposits belonging to known decedents' estates where letters testamentary or letters of administration were never issued, and deposits belonging to known estates where letters were issued but no decree of distribution ever came down, because no interested party showed up or diligently pursued distribution.

Once five years pass with the deposit sitting in that condition, the county treasurer has one year to file a petition in the superior court of the county holding the deposit, laying out the facts and asking the court to order the money paid into the State Treasury. After the court grants that order, the treasurer pays the money over at the next county settlement, sooner if the Controller requires it, following the same transmission procedure Chapter 2 sets out for the rest of the title.

Frequently Asked Questions

What two situations trigger a county treasurer's duty to petition under this section?

Known decedents' estates where letters testamentary or administration were never issued, and known estates where letters were issued but no decree of distribution followed because no interested party pursued one.

How long does the money have to sit before the treasurer must petition?

Five years from the date of deposit; the treasurer then has one year following that five-year period to file the petition.

What does the treasurer's petition ask the court to do?

Order the treasurer to pay the money or property into the State Treasury.

When must the treasurer make the payment?

At the next county settlement after the court's order, unless the Controller requires earlier payment.

Amendment History

Added by Stats. 1951, Ch. 1708.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: county treasurer petition unclaimed estate depositstalled estate five years no distribution decree