California Code of Civil Procedure

§ 1445

CCP § 1445Title 10 · Part 3 · Ch. 6 · Art. 1

Statute text

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.

Legislative history

Added by Stats. 1951, Ch. 1708.