State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 11850-11854

PROBATE CODE
SECTION 11850-11854



11850.  Subject to Section 11851, the personal representative may
deposit property to be distributed with the county treasurer of the
county in which the proceedings are pending in the name of the
distributee in any of the following cases:
   (a) The property remains in the possession of the personal
representative unclaimed or the whereabouts of the distributee is
unknown.
   (b) The distributee refuses to give a receipt for the property.
   (c) The distributee is a minor or incompetent person who has no
guardian, conservator, or other fiduciary to receive the property or
person authorized to give a receipt for the property.
   (d) For any other reason the property cannot be distributed, and
the personal representative desires discharge. Notwithstanding
Section 11851, deposit may not be made under this subdivision except
on court order.


11851.  (a) If property authorized by Section 11850 to be deposited
with the county treasurer consists of money, the personal
representative may deposit the money.
   (b) If property authorized by Section 11850 to be deposited with
the county treasurer consists of personal property other than money,
the personal representative may not deposit the personal property
except on court order. If it appears to the court that sale is for
the benefit of interested persons, the court shall order the personal
property sold, and the proceeds of sale, less expenses of sale
allowed by the court, shall be deposited in the county treasury. If
it appears to the court that sale is not for the benefit of
interested persons, the court shall order the personal property
deposited with the Controller, to be held subject to the provisions
of Chapter 6 (commencing with Section 11900).



11852.  The county treasurer shall give a receipt for a deposit made
under this chapter and is liable on the official bond of the county
treasurer for the money deposited. The receipt has the same effect as
if executed by the distributee.


11853.  If money is deposited or is already on deposit with the
county treasurer, the personal representative shall deliver to the
county treasurer a certified copy of the order for distribution.



11854.  (a) A person may claim money on deposit in the county
treasury by filing a petition with the court that made the order for
distribution. The petition shall show the person's claim or right to
the property. Unless the petition is filed by the person named in the
decree for distribution of a decedent's estate, or the legal
representative of the person or the person's estate, the petition
shall state the facts required to be stated in a petition for
escheated property filed under Section 1355 of the Code of Civil
Procedure. On the filing of the petition, the same proceedings shall
be had as are required by that section, except that the hearing shall
be ex parte unless the court orders otherwise.
   (b) If so ordered by the court, a copy of the petition shall be
served on the Attorney General. The Attorney General may answer the
petition, at the Attorney General's discretion.
   (c) If the court is satisfied that the claimant has a right to the
property claimed, the court shall make an order establishing the
right. On presentation of a certified copy of the order, the county
auditor shall draw a warrant on the county treasurer for the amount
of money covered by the order.
   (d) A claim for money distributed in the estate of a deceased
person made after the deposit of the property in the State Treasury
is governed by the provisions of Chapter 3 (commencing with Section
1335) of Title 10 of Part 3 of the Code of Civil Procedure.