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§ 1316.Recording Unclaimed Money Or Property Received By State For Benefit of Heirs, Devisees, Legatees, Creditors, Etc.

Title 10. Unclaimed Property · Chapter 2. Receipt and Expenditure of Funds · Article 1. Deposit of Unclaimed Property · Enacted 1708 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1316 requires unclaimed money or property held for known heirs, devisees, legatees, or creditors of a decedent's estate, or for other known claimants or payees, to be recorded on the Controller's books to the credit of, or in the name of, those known persons.

Full Text of § 1316

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If unclaimed money or other property is received by the State or any officer or employee thereof and deposited in the State Treasury under the provisions of this title for the benefit of known heirs, devisees, legatees or creditors of an estate of a deceased person, or for the benefit of known claimants, payees, or other persons entitled thereto, it shall be recorded on the books of the Controller to the credit, or in the name, of such heirs, devisees, legatees, creditors, claimants, payees, or other persons entitled thereto.

Plain-English Summary

This section is the companion to Section 1315, covering a related but distinct situation: unclaimed money or property that is not just the estate's own asset, but is instead held for specific, identified people connected to the estate. Known heirs, devisees, legatees, or creditors of a decedent's estate all fall in this category, as do known claimants, payees, or other identified persons entitled to the property outside the estate context.

Whenever that is the situation, the Controller has to record the deposit to the credit of, or in the name of, those specific known people, not just under the estate's own name. That extra layer of bookkeeping keeps the eventual claims process pointed at the right individual rather than requiring every heir or creditor to first untangle their claim from the estate's general holdings.

Frequently Asked Questions

How is this section different from Section 1315?

Section 1315 covers property recorded in the name of the estate itself; this section covers property held for specific known heirs, devisees, legatees, creditors, claimants, or payees, recorded in their own names.

Does this section require the persons entitled to be identified by name?

Yes -- it applies to known heirs, devisees, legatees, creditors, claimants, payees, or other persons entitled to the property.

Amendment History

Added by Stats. 1951, Ch. 1708.

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: recording unclaimed property known heirs creditorscontroller books credit known claimant