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HomeGovernment CodeDiv. 3Pt. 2Ch. 5Art. 2.5§ 12439 Escheated Property Disposal Authority

§ 12439 Escheated Property Disposal Authority

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12439 Escheated Property Disposal Authority

Key Takeaways

  • •The state can check and ask questions about stuff that belongs to people who died and left no family to take it.
  • •If the state finds this stuff, they can decide to sell it, throw it away, or give it away.
  • •The state won’t blame the person holding the stuff if they follow the rules.

Example

A person dies and leaves behind an old bike in their garage, but they have no family to take it.

The state can look into it, decide what to do with the bike, and sell it or give it away without getting the person who was holding it in trouble.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12439 Escheated Property Disposal Authority

(a) The Controller may investigate, inquire, and, if necessary, conduct hearings concerning property in the possession of the Treasurer which has escheated to the state from the estates of deceased persons pursuant to a judgment of escheat or pursuant to a distribution to the state under Section 11900 of the Probate Code. (b) After investigation, inquiry, and hearing, the Controller may relieve the Treasurer from any liability arising from the possession of and sell, or authorize the Treasurer to destroy or otherwise dispose of, any such property as it deems proper. (Added by renumbering Section 13944 by Stats. 2016, Ch. 31, Sec. 117. (SB 836) Effective June 27, 2016.)

Last verified: January 22, 2026

Key Terms

ControllerTreasurerescheatedjudgment of escheatSection 11900 of the Probate Code

Related Statutes

  • § 12413 State Treasurer Account Management
  • § 12433 Uncollectible Debt Discharge
  • § 12434 Discharge Application Requirements
  • § 12435 Controller Debt Write-Off Criteria
  • § 12436 Small Account Discharge Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 12439.
View Official Source