§ 1424.Distributing Or Vesting Clause of Judgment Or Decree Creating Trust In Favor of Unknown Or Unidentified Persons
Title 10. Unclaimed Property · Chapter 5. Escheat Proceedings · Article 3. Escheat Proceedings in Decedents' Estates · Enacted 1708 · no amendments on record · Last verified July 29, 2026
Full Text of § 1424
Plain-English Summary
Estate decrees sometimes use language that, read literally, would leave the state holding only bare legal title while an unnamed class of possible beneficiaries kept the equitable interest in trust. This section closes that gap. When a judgment or decree under this title distributes or vests unclaimed property in California, and its distributing or vesting language would otherwise create a trust in favor of unknown or unidentified persons as a class, the judgment instead vests both legal and equitable title in the state.
That doesn't strip anyone of a real claim to the property; it prevents an artificial trust arrangement from complicating the state's title while the property sits unclaimed. Anyone who later turns out to belong to that unidentified class keeps the right to come forward and claim the property, on the same terms as any other claimant under this title.
Frequently Asked Questions
What problem does this section solve?
It prevents decree language creating a trust for an unknown or unidentified class of persons from leaving the state with only bare legal title instead of full ownership.
Does the state get full ownership even if the decree's wording suggests a trust for unnamed beneficiaries?
Yes. Section 1424 vests both legal and equitable title in the state in that situation.
Do potential beneficiaries lose their right to claim the property?
No. They retain the right to appear and claim the property later, as provided elsewhere in this title.
Amendment History
Added by Stats. 1951, Ch. 1708.