RulesofCivilProcedure.com Civil Procedure · Every State

§ 1392.Credit of Proceeds to Estate From Which Property Affected By Transaction Received

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 1392 requires the Controller to credit the proceeds of a transaction involving property received from a decedent's estate under Chapter 6 to that same estate's account, or, if the property permanently escheated, to the General Fund account for permanently escheated cash from decedents' estates.

Full Text of § 1392

Text size

The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title shall be credited by the Controller to the estate from which the property affected by the transaction was received; or, if such property has permanently escheated to the state, to the account in the General Fund to which the permanently escheated cash derived from estates of deceased persons is credited.

Plain-English Summary

Property the state receives from a decedent's estate under the separate provisions of Chapter 6 needs its own accounting trail once the Controller sells or otherwise transacts on it, and Section 1392 supplies that trail. The proceeds of any transaction the Controller carries out under this chapter, involving property received and held by the state under Chapter 6's Article 1, get credited back to the estate the property came from.

If that property has instead permanently escheated to the state, the proceeds take a different route: credit goes to the General Fund account that holds permanently escheated cash derived from decedents' estates generally, rather than to the specific estate's own account. That split mirrors the broader distinction this chapter draws throughout Article 4 between property still subject to a claim and property that has permanently escheated, applied here to the particular category of decedents'-estate property.

Frequently Asked Questions

What happens to proceeds from selling property the state received from a decedent's estate?

Section 1392 credits those proceeds back to the estate from which the property was received, unless the property has permanently escheated.

What if the estate property has permanently escheated to the state?

Then the proceeds are credited instead to the General Fund account to which permanently escheated cash from decedents' estates is credited generally.

What is Chapter 6, Article 1 referring to?

A separate part of this title, commencing with Section 1440, that governs money or property the state receives and holds from decedents' estates.

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: proceeds credited to decedent's estate californiaescheated estate property proceeds general fund