Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title, if not claimed by the person entitled thereto within five years from the date of such deposit, shall become the property of the State by escheat; and upon request by the Controller, the Attorney General shall commence a proceeding under the provisions of Section 1410, or, in lieu of such proceeding, the Controller may take action as provided by Article 2 of Chapter 5, to have it adjudged, determined or established that the title to such money or other property has vested in the State.
§ 1351.Money Or Property Deposited Becoming Property of State By Escheat
Title 10. Unclaimed Property · Chapter 3. Payment of Claims · Article 3. Claims · Enacted 1708 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1351 provides that money or property deposited in the State Treasury under this Title escheats to the state by default if unclaimed within five years, after which the Attorney General or Controller may act to have title formally vested in the state.
Full Text of § 1351
Plain-English Summary
Section 1350 gives an owner an open-ended right to claim, but that right is not truly unlimited. This section supplies the outer boundary: unless some other provision of this Title says otherwise, money or property deposited in the State Treasury under this Title becomes the property of the state by escheat if the person entitled to it does not claim it within five years of the deposit.
That five-year lapse does not by itself finalize things -- it triggers a further step. On the Controller's request, the Attorney General commences a court proceeding to have it adjudged, determined, or established that title has vested in the state. Alternatively, instead of going to court, the Controller may take the streamlined administrative action available for that purpose. Either path formally confirms what the five-year lapse already set in motion, and (as this Title uses the term) escheat at this stage still leaves the door open to a later claimant under the right circumstances -- it is a different and further step to make that escheat permanent.
Frequently Asked Questions
How long does an owner have to claim deposited property before it escheats to the state?
Five years from the date of deposit, unless another provision of this Title provides otherwise.
Does the five-year lapse alone transfer title to the state?
It sets escheat in motion, but the Attorney General (on the Controller's request) or the Controller directly still has to take a further step -- a court proceeding or the alternative administrative action -- to have title formally established in the state.
Is escheat under this section the same as permanent escheat?
No -- escheat under this section is a distinct and earlier step; permanent escheat, which forecloses further claims, follows separately.
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: five year escheat deadline california unclaimed propertyattorney general escheat proceeding controller