California Legislature—2013–14 Regular Session

Assembly Bill No. 1275

Introduced by Assembly Member Chau

February 22, 2013

An act to amend Section 1540 of the Code of Civil Procedure, relating to unclaimed property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1275, as introduced, Chau. Unclaimed property: filing of claims.

Existing law, the Unclaimed Property Law, authorizes the State Controller to administer property that has escheated to the state and sets forth procedures whereby a person may file a claim to the property or to the net proceeds from its sale. Under existing law, the Controller is required to consider each claim within 180 days after it is filed, as specified. Existing law defines an “owner” as the person who had the legal right to the property prior to the escheat, his or her heirs, his or her legal representative, or a public administrator authorized by law.

This bill would clarify that only a person who claims to have been an owner, as defined, may file a claim with the Controller, and requires the Controller, within 180 days after the claim is filed, to determine if the claimant is the owner of the property claimed. The bill would revise the definition of owner to also include the estate representative and guardian or conservator, and remove the legal representative, of the person who had the legal right to the property prior to its escheat.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1540 of the Code of Civil Procedure is
amended to read:

1540.  

(a) Any person, excluding another state, who claims begin delete an
interest in end delete begin insert to have been the owner, as defined in subdivision (d),
of end insert property paid or delivered to the Controller under this chapter
may file a claim to the property or to the net proceeds from its
sale. The claim shall be on a form prescribed by the Controller
and shall be verified by the claimant.

(b) The Controller shall consider each claim within 180 days
after it is filed begin insert to determine if the claimant is the owner, as defined
in subdivision (d), end insert and may hold a hearing and receive evidence.
The Controller shall give written notice to the claimant if he or
she denies the claim in whole or in part. The notice may be given
by mailing it to the address, if any, stated in the claim as the address
to which notices are to be sent. If no address is stated in the claim,
the notice may be mailed to the address, if any, of the claimant as
stated in the claim. begin delete No end delete begin insert A end insert notice of denial need begin insert not end insert be given if the
claim fails to state either an address to which notices are to be sent
or an address of the claimant.

(c)  begin delete No interest end delete begin insert Interest end insert shall begin insert not end insert be payable on any claim paid
under this chapter.

(d)  begin delete For the end delete begin insert Notwithstanding subdivision (g) of Section 1501,
for end insert purposes of begin insert filing a claim pursuant to end insert this section, “owner”
means the person who had legal right to the property prior to its
escheat, his or her begin delete heirs, end delete begin insert heirs or estate representative, end insert his or her
begin delete legal representative, end delete begin insert guardian or conservator, end insert or a public
administrator acting pursuant to the authority granted in Sections
7660 and 7661 of the Probate Code. begin insert Only an owner, as defined in
this subdivision, may file a claim with the Controller pursuant to
this article. end insert

(e) Following a public hearing, the Controller shall adopt
guidelines and forms that shall provide specific instructions to
assist owners in filing claims pursuant to this article.