Whenever the Attorney General is informed that any estate has escheated or is about to escheat to the state, or that the property involved in any action or special proceeding has escheated or is about to escheat to the state, the Attorney General may commence an action on behalf of the state to determine its rights to the property or may intervene on its behalf in any action or special proceeding affecting the estate and contest the rights of any claimant or claimants thereto. The Attorney General may also apply to the superior court or any judge thereof for an order directing the county treasurer to deposit in the State Treasury all money, and to deliver to the Controller for deposit in the State Treasury, all other personal property, in the possession of the county treasurer, which may become payable to the State Treasury pursuant to Section 7643 of the Probate Code.
§ 1421.Action By Attorney General to Determine State's Rights to Property Or Intervention In Proceeding Affecting Estate and Contesting Claimants' Rights
Title 10. Unclaimed Property · Chapter 5. Escheat Proceedings · Article 3. Escheat Proceedings in Decedents' Estates · Last amended 1989 · Last verified July 29, 2026
In one sentenceSection 1421 lets the Attorney General, upon learning that an estate or other property may be escheating to the state, either file a separate action or intervene in an existing case to contest claimants' rights, and separately authorizes an application for a court order directing a county treasurer to deposit escheatable money and property with the state.
Full Text of § 1421
Plain-English Summary
Sometimes the Attorney General learns about a potential escheat mid-stream, in a case someone else already started. This section gives two ways to respond. The Attorney General can file an independent action on the state's behalf to determine its rights to the property, or step into whatever action or special proceeding is already pending, a probate case, for instance, and contest the claims of whoever says the property belongs to them.
The section also gives the Attorney General a more targeted tool: an application to the superior court, or a judge of that court, for an order directing a county treasurer to send money and property that has become payable to the State Treasury under Probate Code Section 7643. That lets the state reach property already sitting with a county treasurer without having to build an escheat case from scratch.
Frequently Asked Questions
What can the Attorney General do upon learning that an estate may be escheating to the state?
File an action to determine the state's rights to the property, or intervene in any existing action or special proceeding affecting the estate and contest the claims of anyone asserting an interest in it.
Can the Attorney General reach money already held by a county treasurer?
Yes. The Attorney General may apply for a court order directing the county treasurer to deposit that money, and deliver other property, to the state under Probate Code Section 7643.
Does the Attorney General need to file a brand-new lawsuit to protect the state's interest in a pending case?
No. Section 1421 allows intervention in an already-pending action or special proceeding instead.
Amendment History
Amended by Stats. 1988, Ch. 1199, Sec. 9. Operative July 1, 1989, by Sec. 119 of Ch. 1199.
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: attorney general intervention escheat estatecounty treasurer deposit state treasury order