Money or other property distributed to the state under Chapter 6 (commencing with Section 11900) of Part 10 of Division 7 of the Probate Code, if not claimed within five years from the date of the order for distribution, as provided in Chapter 3, is permanently escheated to the state without further proceeding; saving, however, to infants and persons of unsound mind, the right to appear and file their claims within the time limited pursuant to Section 1430, or within one year after their respective disabilities cease; provided, however, that any such property shall be conclusively presumed to be permanently escheated to the state as to all persons in favor of a purchaser in good faith and for a valuable consideration from the state and anyone subsequently claiming under that purchaser, saving however, to infants and persons of unsound mind the right of recourse to the proceeds of any sale or other disposition of that property by the state and as herein provided.
§ 1441.Money Or Property Permanently Escheated Without Further Proceeding
Title 10. Unclaimed Property · Chapter 6. Disposition of Unclaimed Property · Article 1. Estates of Deceased Persons · Last amended 1996 · Last verified July 29, 2026
In one sentenceSection 1441 provides that money or property distributed to the state under the Probate Code's estate-distribution provisions permanently escheats without any further court proceeding if unclaimed within five years of the distribution order, subject to the same minors'-and-incompetents' exception and good-faith-purchaser presumption used in Section 1430.
Full Text of § 1441
Plain-English Summary
Most permanent escheat under Section 1430 happens after a judgment in a contested escheat case. This section covers a shortcut version for property the probate court has already ordered distributed to the state under the Probate Code. If nobody claims that property, in the manner Chapter 3 sets out, within five years of the distribution order, it permanently escheats to the state automatically, with no separate escheat judgment required.
The same protections that apply under Section 1430 carry over here. Infants and persons of unsound mind keep the right to claim the property within the time Section 1430 allows, or within one year after their disability ends, and the law conclusively presumes against any good-faith purchaser for value that no such claimant exists unless one appears. That presumption protects buyers who rely on the state's title while still leaving a disabled claimant recourse to the sale proceeds later.
Frequently Asked Questions
Does property distributed to the state under the Probate Code need a separate escheat lawsuit to become permanently escheated?
No. Section 1441 makes it permanently escheat automatically, without further proceeding, if unclaimed within five years of the distribution order.
What claim procedure applies before that five-year period runs?
The claim procedure described in Chapter 3 of this title.
Do minors and persons of unsound mind lose their claim rights after five years?
No. They retain the right to claim within the time Section 1430 allows, or within one year after their disability ends.
What happens if the state has already sold the property to a good-faith purchaser?
The property is conclusively presumed permanently escheated as to everyone in favor of that purchaser and anyone claiming under them, though a minor or person of unsound mind may still reach the sale proceeds.
Amendment History
Amended by Stats. 1995, Ch. 105, Sec. 1. Effective January 1, 1996.
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: probate code distribution permanent escheatfive years unclaimed estate distribution state