§ 1410.Generally
Title 10. Unclaimed Property · Chapter 5. Escheat Proceedings · Article 1. Escheat Proceedings on Unclaimed Property · Last amended 1984 · Last verified July 29, 2026
Full Text of § 1410
Plain-English Summary
This section lays out the basic escheat lawsuit: how the state goes to court to claim unclaimed property once its right to that property has ripened. The Attorney General starts the case by filing a petition in the Superior Court for the County of Sacramento, asking the court to declare that property has escheated to the state, either because it was abandoned in fact or because an owner died with no one entitled to take it. Real property gets a partial exception -- if it sits outside Sacramento County, the action covering that property is filed in the county where the property is located instead, and a notice of the pending case gets recorded there so buyers and lenders know about it.
Once the petition is filed, the court orders anyone with a claim to appear and show cause why title shouldn't vest in California. Notice goes out both by personal delivery to known claimants and by newspaper publication, and additional publication runs in the county the property came from for any item worth more than $1,000. Completing that service gives the court full jurisdiction over the property and everyone who might claim it, and if the facts show the state is entitled to the property, the judgment vests title in the state by escheat, with neither side recovering costs from the other.
Frequently Asked Questions
Where does the Attorney General file an escheat action?
In the Superior Court for the County of Sacramento, except that an action covering real property outside that county is filed in the county where the real property is located.
How are claimants notified of an escheat action?
Through personal delivery of the order and petition to known claimants and by newspaper publication for two consecutive weeks, with the last publication at least 10 days before the hearing.
What does the resulting judgment do?
If the facts show the state is entitled to the property, the judgment vests title to that property in the state by escheat.
Does either side have to pay the other's litigation costs?
No. Section 1410 provides that no costs of suit are allowed against any party in a proceeding under this section.
Amendment History
Amended by Stats. 1984, Ch. 268, Sec. 1. Effective June 30, 1984.