§ 1564.5.Abandoned Iolta Property Account
Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 5. Administration of Unclaimed Property · Last amended 2019 · Last verified July 29, 2026
Full Text of § 1564.5
Plain-English Summary
Money that escheats from Interest on Lawyers' Trust Accounts, the pooled accounts attorneys use to hold client funds, gets treated differently from other escheated money under Section 1564.5, which carves out its own accounting track instead of following the general rule in Section 1564. All such money goes into the Abandoned IOLTA Property Account, a new account this section establishes within the Unclaimed Property Fund.
Within that account, twenty-five percent goes into a further IOLTA Claims Reserve Subaccount, which is continuously appropriated to the Controller for paying refunds and claims tied to escheated IOLTA funds under this chapter, keeping enough on hand to satisfy claimants who come forward later. The remaining balance, outside that reserve, gets transferred each year to the Public Interest Attorney Loan Repayment Account rather than to the General Fund, supporting attorneys working in the public interest instead of general state spending. Before each annual transfer, the Controller still has to record the name and last known address of everyone entitled to the property, and that record stays open to public inspection during regular business hours, just as it does for the general Abandoned Property account.
Frequently Asked Questions
How is money escheating from lawyers' trust accounts treated differently from other escheated money?
It goes into a separate Abandoned IOLTA Property Account rather than the general Abandoned Property account, and follows its own distribution rules under Section 1564.5.
What happens to twenty-five percent of the money in that account?
It's deposited into a continuously appropriated IOLTA Claims Reserve Subaccount, used to pay refunds and claims related to escheated IOLTA funds.
Where does the rest of the money go?
To the Public Interest Attorney Loan Repayment Account, transferred annually, rather than to the General Fund.
Does the Controller still have to keep a public record before transferring this money?
Yes. The Controller records the name and last known address of each person entitled to the escheated property before the annual transfer, and the record is open to public inspection.
Amendment History
Amended by Stats 2018 ch 390 (AB 2350),s 1, eff. 1/1/2019. Added by Stats 2015 ch 488 (SB 134),s 2, eff. 1/1/2016.