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, for the benefit of unlocated heirs, devisees or legatees of estates of deceased persons, shall be credited by the Controller to such heirs, devisees or legatees of the property affected by such transaction; 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.
§ 1393.Credit of Proceeds to Unlocated Heirs, Devisees Or Legatees
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 1393 requires the Controller to credit proceeds from a transaction involving decedent's-estate property held for unlocated heirs, devisees, or legatees to those same heirs, devisees, or legatees, or, if the property has permanently escheated, to the General Fund account for permanently escheated estate cash.
Full Text of § 1393
Plain-English Summary
Section 1392 covers proceeds credited back to an estate itself, but some estate property is held specifically for heirs, devisees, or legatees the state hasn't been able to locate yet. Section 1393 handles that related but distinct situation. The proceeds of a Controller transaction involving property received and held under Chapter 6's Article 1 for the benefit of those unlocated heirs, devisees, or legatees get credited to them, the actual individuals the property was being held for, rather than to the estate as a whole.
The same permanent-escheat exception from Section 1392 applies here too. If the property affected by the transaction has permanently escheated to the state, the proceeds go instead to the General Fund account that holds permanently escheated cash derived from decedents' estates, since there's no longer a specific heir, devisee, or legatee left to credit.
Frequently Asked Questions
How does this section differ from Section 1392?
Section 1392 credits proceeds to the decedent's estate itself; Section 1393 credits proceeds to the specific unlocated heirs, devisees, or legatees the property was being held for, when that's who the property was benefiting.
What happens if the property those heirs would have claimed permanently escheats to the state instead?
The proceeds go to the General Fund account for permanently escheated cash derived from decedents' estates, the same account used under Section 1392.
Where does the underlying authority to hold this property for unlocated heirs come from?
Chapter 6's Article 1, commencing with Section 1440, which governs money or property the state receives and holds in connection with 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 unlocated heirs californiadevisees legatees escheated property proceeds