Deposit of Money of Estate

Cal. PROB § 7644

California Statutes

(

a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the deposit, together with the increase and proceeds of the deposit, shall be presumed abandoned in any of the following circumstances:

(1) The deposit belongs to the estate of a known decedent for which a personal representative has never been appointed.

(2) The deposit belongs to the estate of a known decedent for which a personal representative has been appointed but no order of distribution has been made due to the absence of interested persons or the failure of interested persons diligently to protect their interests by taking reasonable steps for the purpose of securing a distribution of the estate. (

b) The Controller may, at any time after the expiration of the five-year period, file a petition with the court setting forth the fact that the money has remained on deposit in a financial institution under the circumstances described in subdivision (

a) for the five-year period, and requesting an order declaring that the money is presumptively abandoned and directing the holder of the money to pay the money to the State Treasurer. (

c) Upon presentation of a certified copy of a court order made under subdivision (b), the financial institution shall forthwith transmit the money to the State Treasurer for deposit in the State Treasury. The deposit shall be made as provided in

Section of the Code of Civil Procedure. All money deposited in the State Treasury under the provisions of this

section shall be deemed to be deposited in the State Treasury under the provisions of

Article 1 (commencing with

Section 1440) of

Chapter of Title of Part of the Code of Civil Procedure. The deposit shall be transmitted, received, accounted for, and disposed of as provided by Title 10 (commencing with

Section 1300) of Part of the Code of Civil Procedure.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 7644
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB7644.199079

Deposit of Money of Estate

Cal. PROB § 7644

California Statutes

Deposit of Money of Estate

Cal. PROB § 7644

California Statutes

(

a) If a deposit in a financial institution is made under this article, money remaining unclaimed at the expiration of five years after the date of the deposit, together with the increase and proceeds of the deposit, shall be presumed abandoned in any of the following circumstances:

(1) The deposit belongs to the estate of a known decedent for which a personal representative has never been appointed.

(2) The deposit belongs to the estate of a known decedent for which a personal representative has been appointed but no order of distribution has been made due to the absence of interested persons or the failure of interested persons diligently to protect their interests by taking reasonable steps for the purpose of securing a distribution of the estate. (

b) The Controller may, at any time after the expiration of the five-year period, file a petition with the court setting forth the fact that the money has remained on deposit in a financial institution under the circumstances described in subdivision (

a) for the five-year period, and requesting an order declaring that the money is presumptively abandoned and directing the holder of the money to pay the money to the State Treasurer. (

c) Upon presentation of a certified copy of a court order made under subdivision (b), the financial institution shall forthwith transmit the money to the State Treasurer for deposit in the State Treasury. The deposit shall be made as provided in

Section of the Code of Civil Procedure. All money deposited in the State Treasury under the provisions of this

section shall be deemed to be deposited in the State Treasury under the provisions of

Article 1 (commencing with

Section 1440) of

Chapter of Title of Part of the Code of Civil Procedure. The deposit shall be transmitted, received, accounted for, and disposed of as provided by Title 10 (commencing with

Section 1300) of Part of the Code of Civil Procedure.

Document details

CollectionCalifornia Statutes
CitationCal. PROB § 7644
Typestatute
Languageen
SourceCA_STAT
IdentifierPROB7644.199079