(a) At any time after two years after the death of any decedent who leaves property to which the state is entitled by reason of it having escheated to the state, the Attorney General shall commence a proceeding on behalf of the state in the Superior Court for the County of Sacramento to have it adjudged that the state is so entitled. The action shall be commenced by filing a petition, which shall be treated as the information elsewhere referred to in this title.
§ 1420.Generally
Title 10. Unclaimed Property · Chapter 5. Escheat Proceedings · Article 3. Escheat Proceedings in Decedents' Estates · Last amended 2004 · Last verified July 29, 2026
In one sentenceSection 1420 lets the Attorney General start an escheat proceeding at least two years after a decedent's death when the estate's property appears to belong to the state, coordinating the petition and published notice with any parallel probate administration so unclaimed estate property is distributed to California if no rightful heir appears before final distribution.
Full Text of § 1420
(b) The petition shall set forth a description of the property, the name of the person last in possession thereof, the name of the person, if any, claiming the property, or portion thereof, and the facts and circumstances by virtue of which it is claimed the property has escheated.
(c) Upon the filing of the petition, the court shall make an order requiring all persons interested in the estate to appear and show cause, if any, within 60 days from the date of the order, why the estate should not vest in the state. The order must be published at least once a week for four consecutive weeks in a newspaper published in the County of Sacramento, the last publication to be at least 10 days prior to the date set for the hearing. Upon the completion of the publication of the order, the court shall have full and complete jurisdiction over the estate, the property, and the person of everyone having or claiming any interest in the property, and shall have full and complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon.
(d) If proceedings for the administration of the estate have been instituted, a copy of the order must be filed with the papers in the estate. If proceedings for the administration of any estate of the decedent have been instituted and none of the persons entitled to succeed thereto have appeared and made claim to the property, or any portion thereof, before the decree of final distribution therein is made, or before the commencement of a proceeding by the Attorney General, or if the court shall find that the persons as have appeared are not entitled to the property of the estate, or any portion thereof, the court shall, upon final settlement of the proceedings for the administration of the estate, after the payment of all debts and expenses of administration, distribute all moneys and other property remaining to the State of California.
In any proceeding brought by the Attorney General under this chapter, any two or more parties and any two or more causes of action may be joined in the same proceedings and in the same petition without being separately stated, and it shall be sufficient to allege in the petition that the decedent left no heirs to take the estate and the failure of heirs to appear and set up their claims in any proceeding, or in any proceedings for the administration of the estate, shall be sufficient proof upon which to base the judgment in any proceeding or decree of distribution.
(e) If proceedings for the administration of any estate have not been commenced within six months from the death of any decedent the Attorney General may direct the public administrator to commence the same forthwith.
Plain-English Summary
This section covers the escheat scenario that comes up most: someone dies, and it looks like nobody is left to inherit. Two years after the death, the Attorney General may file a petition in the Sacramento County Superior Court asking the court to declare the state entitled to the property, describing the property, who last held it, and why it's thought to have escheated. The court then orders anyone with a claim to come forward within 60 days, publishes that order weekly for four weeks in a Sacramento County newspaper, and once publication is done, gains full jurisdiction to decide the case and enter judgment.
The section also threads this proceeding through the separate probate administration of the same estate. If probate is already open, a copy of the court's order goes into the probate file, and if no one has stepped forward to claim the property by the time the estate reaches final distribution, or the court rejects the claims of those who did, the probate court itself distributes the remaining property to California once debts and administration expenses are paid. Multiple claims and estates can be joined in a single proceeding, and if no probate has even been opened within six months of the death, the Attorney General can direct the public administrator to start one.
Frequently Asked Questions
How soon after a death can the Attorney General start an escheat proceeding under this section?
At least two years after the decedent's death.
How does this proceeding interact with the probate administration of the same estate?
A copy of the court's order is filed with the probate papers, and if no rightful claimant appears before final distribution, the probate court distributes the remaining estate property to the state at that time.
How is notice of the proceeding given?
By an order published at least once a week for four consecutive weeks in a newspaper in Sacramento County, with the last publication at least 10 days before the hearing.
What if no probate proceeding has been opened for the decedent's estate?
If none has been commenced within six months of the death, the Attorney General may direct the public administrator to commence one.
Can multiple estates or claims be handled in one proceeding?
Yes. The Attorney General may join two or more parties and causes of action in the same petition without stating them separately.
Amendment History
Amended by Stats 2003 ch 62 (SB 600),s 26, eff. 1/1/2004. Amended by Stats 2002 ch 784 (SB 1316),s 83, eff. 1/1/2003.
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: escheat decedent estate no heirs californiaattorney general probate escheat proceeding