§ 1382.Real Property to Which Article Applies
Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Enacted 1953 · no amendments on record · Last verified July 29, 2026
Full Text of § 1382
Plain-English Summary
Real property can come into state hands through more than one legal route, and Section 1382 makes sure the sale authority in this article reaches all of them. Any provision of this article authorizing the Controller to sell real property applies to real property distributed or escheated to the state, or property whose title has vested in the State of California by court order or decree of distribution, so long as that real property is held in the name of the Unclaimed Property Fund under this title. The section applies whether or not the property has permanently escheated, extending the Controller's sale authority to property still subject to a future claim as well as property that has escheated for good.
The section then draws a firm boundary around what this article doesn't reach. It does not apply to the disposition of tax-deeded lands under Chapters 7, 8, or 9 of Part 6 of Division 1 of the Revenue and Taxation Code, the entirely separate process for property the state or a county acquires through a tax sale. That property follows its own statutory scheme, and this section keeps the two systems from overlapping.
Frequently Asked Questions
Does the Controller's sale authority under this article reach property that came to the state through a probate court decree?
Yes. Section 1382 extends the article's sale authority to real property whose title vested in the state by court order or decree of distribution, as long as it's held in the name of the Unclaimed Property Fund.
Does the property have to be permanently escheated before the Controller can sell it under this article?
No. The section applies whether or not the real property has permanently escheated to the state.
Can the Controller use this article's authority to sell tax-deeded land?
No. Section 1382 expressly excludes tax-deeded lands disposed of under Chapters 7, 8, or 9 of Part 6 of Division 1 of the Revenue and Taxation Code, which follow a separate process.
Amendment History
Added by Stats. 1953, Ch. 281.