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§ 1533.Not In Interest of State to Take Custody of Tangible Personal Property

Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 3. Identification of Escheated Property · Last amended 2026 · Last verified July 29, 2026

In one sentenceSection 1533 lets the Controller decline to take custody of tangible personal property when taking it isn't in the state's interest, as long as the Controller notifies the holder in writing within 120 days after receiving the report, in which case the property is excluded from notice, delivery, and escheat under this chapter.

Full Text of § 1533

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Tangible personal property may be excluded from the notices required by Section 1531, shall not be delivered to the Controller, and shall not escheat to the state, if the Controller, in their discretion, determines that it is not in the interest of the state to take custody of the property and notifies the holder in writing, within 120 days from receipt of the report required by Section 1530, of their determination not to take custody of the property.

Plain-English Summary

Not every item a holder reports is worth the state's trouble to collect, store, and eventually sell, and Section 1533 gives the Controller a way to opt out of the least valuable tangible items. Within 120 days after receiving the report required by Section 1530, the Controller can determine that taking custody of a particular piece of tangible personal property isn't in the state's interest and notify the holder of that decision in writing.

Once that determination is made, the property takes a different path entirely. It gets excluded from the published notice Section 1531 otherwise requires, it never has to be delivered to the Controller, and it doesn't escheat to the state at all. The holder is left holding property the state has affirmatively passed on, rather than property waiting in the pipeline for eventual state custody.

Frequently Asked Questions

Can the Controller refuse to take possession of tangible property that's been reported?

Yes. Section 1533 lets the Controller decline custody of tangible personal property when taking it isn't in the state's interest.

How quickly must the Controller act on that decision?

Within 120 days after receiving the report required by Section 1530, notifying the holder in writing of the determination.

What happens to property the Controller declines to take?

It's excluded from the notice required by Section 1531, never delivered to the Controller, and doesn't escheat to the state under this chapter.

Does this section apply to cash or intangible property?

No. It's limited to tangible personal property, not cash or intangible interests like accounts or securities.

Amendment History

Amended by Stats 2025 ch 660 (SB 822),s 6, eff. 1/1/2026. Added by Stats. 1968, Ch. 356.

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: controller declines custody tangible propertyexcluded from escheat tangible personal property