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§ 1391.Proceeds Deposited In General Fund

Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 4. Disposal of Proceeds of Sale or Lease · Last amended 1978 · Last verified July 29, 2026

In one sentenceSection 1391 requires the Controller to deliver proceeds from the sale or lease of permanently escheated property to the Treasurer for deposit in the General Fund, and treats those funds as having permanently escheated as of the same date the underlying property itself permanently escheated.

Full Text of § 1391

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The Controller shall deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made pursuant to this chapter; and, on order of the Controller, the amount thereof shall be deposited in the General Fund. All moneys deposited in the General Fund under the provisions of this section shall be deemed to have permanently escheated to the state as of the date of permanent escheat of the property from which such moneys were derived.

Plain-English Summary

Once property has permanently escheated to the state, meaning no one remains entitled to claim it, converting that property into cash shouldn't change its legal character. Section 1391 directs the Controller to deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made under this chapter, and on the Controller's order, that amount goes into the General Fund rather than the Unclaimed Property Fund that non-escheated proceeds use under Section 1390.

The section then fixes the timing question that could otherwise get complicated. All money deposited in the General Fund under this section is deemed to have permanently escheated to the state as of the date the underlying property itself permanently escheated, not the later date of the sale that produced the cash. That backdating keeps the legal moment of escheat tied to the property's own history rather than to whenever the Controller happened to find a buyer.

Frequently Asked Questions

Where do proceeds go when the Controller sells property that has permanently escheated to the state?

To the General Fund, once the Controller delivers them to the Treasurer and orders the deposit.

What date is used to determine when that money permanently escheated?

The date the underlying property itself permanently escheated to the state, not the later date the Controller sold or leased it.

How does this differ from the treatment of proceeds under Section 1390?

Section 1390 sends proceeds from property that hasn't permanently escheated to the Unclaimed Property Fund, held for potential claimants; this section sends proceeds from permanently escheated property to the General Fund instead.

Amendment History

Amended by Stats. 1978, Ch. 1183.

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: general fund deposit permanently escheated propertydate of escheat for sale proceeds california