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§ 1353.Superior Court Jurisdiction to Determine Title to Money Or Property

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 1353 gives the Sacramento County Superior Court exclusive jurisdiction over title to money or property deposited under this Title (outside Section 1352's administrative track), letting an entitled person file a verified petition and, if the court is satisfied of the claim, obtain a certificate directing payment or delivery.

Full Text of § 1353

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Except as otherwise provided in Sections 401 or 1352, whenever money or other property is deposited in the State Treasury under the provisions of this title, and, except as otherwise provided by law, when there is in the possession of the State or its officers any money or other property which is to be held for third persons or the title to which has vested in the State subject to the rights of third persons, the Superior Court of the County of Sacramento shall have full and exclusive jurisdiction to determine the title to such money or other property and all claims thereto.
If the period in which such money or other property may be claimed by a person entitled thereto has not terminated, such period and person being prescribed by law, any such person may file a petition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his claim or right to the money or other property or the proceeds thereof, or any portion thereof.
The petition shall be verified, and, among other things, must, insofar as they are applicable or material to the matters at issue, state the facts required to be stated in a petition filed under Section 1355. If the money or other property at issue did not come into the possession of the State or its officers in connection with estates of deceased persons, the petition shall, in addition to the foregoing facts, state any material facts necessary to establish a prima facie right or title in the petitioner. Upon the filing of the petition, the same proceedings shall be had as are required in Section 1355.
If, upon trial of the issues, the court is satisfied of the claimant's right or title to the money or other property claimed, it shall grant him a certificate to that effect under its seal. Upon presentation of such certificate, the Controller shall draw his warrant on the Treasurer for the amount of money covered thereby; and if the certificate covers any property other than money, a certified copy of the certificate filed with the officer of the State having possession of the property shall serve as sufficient authority to the officer for the delivery of such property to the claimant.

Plain-English Summary

For claims outside Section 1352's smaller-dollar administrative process, this section supplies the judicial route. Except as Sections 401 or 1352 otherwise provide, whenever money or property is deposited in the State Treasury under this Title, or is otherwise held by the state for third persons or subject to their rights, the Superior Court of the County of Sacramento has full and exclusive jurisdiction to decide title to that money or property and any claims to it.

If the claim window has not yet closed, the entitled person can file a verified petition in that court -- or wherever Section 401 allows -- setting out their claim or right to the money, property, or proceeds. The petition has to state the facts Section 1355 requires, so far as they apply, and, when the property did not come from a decedent's estate, has to add whatever facts establish a prima facie right or title. Filing the petition triggers the same procedural steps Section 1355 lays out. If the court, after trial, is satisfied of the claimant's right, it issues a sealed certificate to that effect; presenting that certificate lets the Controller draw a warrant for money, or lets a certified copy authorize the state officer holding other property to deliver it to the claimant.

Frequently Asked Questions

Which court has jurisdiction over title disputes involving unclaimed property under this Title?

The Superior Court of the County of Sacramento, with full and exclusive jurisdiction, except as otherwise provided in Sections 401 or 1352.

What must a claimant's petition under this section include?

A verified statement of the claim or right to the money or property, the facts required under Section 1355 so far as applicable, and, if the property is unrelated to a decedent's estate, facts establishing a prima facie right or title.

What happens once the court is satisfied of the claimant's right?

The court grants a certificate under seal; the Controller then draws a warrant for money covered by it, or a certified copy authorizes delivery of other property to the claimant.

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
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