(a) Upon the expiration of five years after the date of entry of judgment in any proceeding pursuant to this chapter, or upon the expiration of five years after completion of notice by publication in an escheat action taken pursuant to Section 1415, the property covered by that proceeding or action shall permanently escheat to the state, except as provided in subdivision (b).
§ 1430.Generally
Title 10. Unclaimed Property · Chapter 5. Escheat Proceedings · Article 4. Permanent Escheat · Last amended 1998 · Last verified July 29, 2026
In one sentenceSection 1430 fixes permanent escheat at five years after judgment or after notice by publication is completed, cutting off ordinary claims at that point while preserving a claim right for minors and persons of unsound mind and giving a named beneficiary, or that beneficiary's blood relative, an immediate-payment claim within the same five years.
Full Text of § 1430
(b) Infants and persons of unsound mind shall have the right to appear and claim such property as provided in this title if born before the expiration of the five-year period; but it shall be presumed that there are no infants nor persons of unsound mind who are or will be entitled to claim this property unless and until they appear and claim the property as provided in this title. This presumption shall be conclusive in favor of any purchaser in good faith and for a valuable consideration from the state and everyone subsequently claiming under him or her, saving however, to infants and persons of unsound mind the right of recourse to the proceeds of any sale or other disposition of any such property by the state and as herein provided.
(c) Except as otherwise provided in this subdivision, a named beneficiary of property that escheats pursuant to this title or, if the beneficiary is deceased or a court renders a judgment that the beneficiary is dead, a blood relative of the named beneficiary may claim property described in subdivision (a) at any time within five years after the date of entry of judgment in any proceeding under this chapter. The named beneficiary or, if a court has rendered a judgment that the named beneficiary is dead, the blood relative of the named beneficiary shall be entitled to immediate payment upon this claim. If a court has not rendered a judgment that the named beneficiary is dead, payment of the claim of a blood relative of the named beneficiary shall be made on the day before the expiration of the five-year period described in this section. This subdivision shall not apply to authorize a claim by any person, including any issue or blood relative of that person, whose interest or inheritance was specifically restricted or barred by a provision in the donating or transferring instrument.
Plain-English Summary
Escheat and permanent escheat aren't the same thing, and this section marks the line between them. Once five years pass after the entry of judgment in an escheat proceeding under this chapter, or after notice by publication under Section 1415 is completed, the property becomes permanently escheated to the state, the point at which the state's title stops being provisional and becomes final, with ordinary claims cut off for good.
Two safety valves survive that cutoff. Infants and persons of unsound mind who were born before the five years ran can still come forward and claim the property later, though the law presumes, conclusively as to any good-faith purchaser for value, that no such person exists unless and until one appears. And a named beneficiary of the escheated property, or, if that beneficiary has died, a blood relative, can claim within the same five-year window and get paid immediately, unless the instrument that created the interest specifically barred that person's claim in the first place.
Frequently Asked Questions
What is the difference between escheat and permanent escheat?
Escheat is the state taking title to unclaimed property, which can still be undone by a later timely claim; permanent escheat under this section is the point five years later when the state's title becomes final and ordinary claims are cut off.
When does property become permanently escheated?
Five years after entry of judgment in a proceeding under this chapter, or five years after notice by publication under Section 1415 is completed.
Can a minor or person of unsound mind still claim the property after the five years?
Yes, if born before the five-year period expired, though the law conclusively presumes against a good-faith purchaser for value that no such person exists unless one comes forward.
Can a named beneficiary get paid before the five-year period even ends?
Yes. A named beneficiary, or a blood relative if the beneficiary is deceased, who claims within the five years is entitled to immediate payment.
Amendment History
Amended by Stats. 1997, Ch. 671, Sec. 1. Effective January 1, 1998.
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: permanent escheat california five yearsnamed beneficiary claim after escheat