Title 10. Unclaimed Property · Chapter 1. General Provisions · Article 1. Definitions · Last amended 1968 · Last verified July 29, 2026
In one sentenceSection 1300 defines the key terms used throughout Title 10 -- including “property,” “unclaimed property,” “escheat,” “permanent escheat,” the Controller, the Treasurer, and corporate domicile -- so the rest of the Title can use them without repeating their meaning each time.
For the purposes of this title, the following definitions shall apply:
(a)"Property," unless specifically qualified, includes all classes of property, real, personal and mixed.
(b)"Unclaimed property," unless specifically qualified, means all property (1) which is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (2) which, under any provision of law, will become unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (3) to the possession of which the state is or will become entitled, if not claimed by the person or persons entitled thereto within the time allowed by law, whether or not there has been a judicial determination that such property is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state.
(c)"Escheat," unless specifically qualified, means the vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, whether by judicial determination or by operation of law, subject to the right of claimants to appear and claim the escheated property or any portion thereof. When used in reference to the law of another state, "escheat" includes the transfer to the state of the right to the custody of such property.
(d)"Permanent escheat" means the absolute vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, pursuant to judicial determination, pursuant to a proceeding of escheat as provided by Chapter 5 (commencing with Section 1410) of this title, or pursuant to operation of law, and the barring of all claims to the property by the former owner thereof or his successors.
(g)"Domicile," in the case of a corporation, refers to the place where the corporation is incorporated.
Plain-English Summary
Before any of Title 10's rules about deposits, funds, or claims can make sense, the reader needs to know what its core words mean. This section supplies that vocabulary. “Property” covers every kind of asset, real, personal, or mixed. “Unclaimed property” is broader than it might sound -- it reaches property that already is unclaimed or escheated, property that will become so under some other law, and property the state is or will become entitled to possess if nobody claims it in time, whether or not a court has ever formally said so.
The definitions of “escheat” and “permanent escheat” do the most work in this section, and the difference between them matters more than almost anything else in this Title. Escheat, standing alone, means the state takes title to property whose owner cannot be found or who refused to accept it -- but that taking stays open to a claimant who later shows up and asks for the property back. Permanent escheat is the harder stop: title vests absolutely, and every claim by the former owner or their successors is barred for good. Everywhere else in the Title, when a section says property has “escheated,” it is describing something a claimant can still undo; only “permanent escheat” closes that door.
Frequently Asked Questions
Does “escheat” mean the state keeps the property forever?
Not by itself. Under this section, ordinary escheat means the state takes custody or title but a claimant can still come forward and recover the property. Only “permanent escheat” bars all further claims.
What counts as “unclaimed property” under this Title?
Any property that is unclaimed, abandoned, or escheated now, that will become so under some other law, or that the state is or will become entitled to possess if the rightful owner does not claim it in time -- regardless of whether a court has made a formal finding to that effect.
Who are the “Controller” and “Treasurer” referred to throughout this Title?
The State Controller and the State Treasurer, the two officers who between them handle deposit, accounting, and custody of unclaimed money and property under this Title.
Amendment History
Amended by Stats. 1968, Ch. 356.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:definitions unclaimed property californiaescheat vs permanent escheat california