§ 1345.Generally
Title 10. Unclaimed Property · Chapter 3. Payment of Claims · Article 2. Refund of Erroneous Receipts · Last amended 2016 · Last verified July 29, 2026
Full Text of § 1345
Plain-English Summary
Mistakes happen on the delivery side too, not just on the state's end. If someone hands over money or property to the state or one of its officers under this Title, believing it to be unclaimed property, but that delivery turns out to have been made in error, this section gives the Controller a clean fix.
As long as the mistakenly delivered money or property is sitting in the Unclaimed Property Fund, or is held by the Controller or Treasurer in the name of an account in that Fund, the Controller can order it refunded or returned to the person who delivered it. There is no separate lawsuit or judicial petition required for this particular kind of correction -- it runs through the Controller directly.
Frequently Asked Questions
What must be true for the Controller to order a refund under this section?
The money or property must have been erroneously delivered to the state, and it must be sitting in the Unclaimed Property Fund or held by the Controller or Treasurer in the name of an account in that Fund.
Does the person who mistakenly delivered the property need to go to court to get it back?
No -- this section lets the Controller order the refund or return directly.
What if the erroneously delivered money has already been moved to the General Fund?
Section 1346 covers that situation, requiring the money or property to be transferred back to the Unclaimed Property Fund first.
Amendment History
Amended by Stats 2016 ch 31 (SB 836),s 11, eff. 6/27/2016. Amended by Stats 2006 ch 538 (SB 1852),s 68, eff. 1/1/2007.