BILL NUMBER: AB 2525	CHAPTERED  09/07/00

	CHAPTER   333
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 6, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 8, 2000

INTRODUCED BY   Assembly Member House

                        FEBRUARY 24, 2000

   An act to amend Section 50052.5 of the Government Code, relating
to escheat.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2525, House.  Escheat:  liability.
   Existing law requires the public administrator of a decedent's
estate with no beneficiaries to deposit the net proceeds of the
estate with the county treasurer for use in the general fund of the
county.  The county treasurer may release the unclaimed money to any
blood relative of either the decedent or the decedent's predeceased
spouse, as specified.  This payment discharges the county treasurer
from any liability.
   This bill would authorize the county treasurer to release
unclaimed money of $60,000 or less to the parent who has legal and
physical custody of a minor who is a blood relative of the decedent
or the decedent's predeceased spouse, without the need to appoint a
legal guardian for the minor.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 50052.5 of the Government Code is amended to
read:
   50052.5.  (a) Notwithstanding Section 50052, the treasurer may
release to the depositor of the unclaimed money, their heir,
beneficiary, or duly appointed representative, unclaimed money if
claimed prior to the date the money becomes the property of the local
agency upon submitting proof satisfactory to the treasurer, unless
the unclaimed money is deposited pursuant to Section 7663 of the
Probate Code.
   (b) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code, to any adult blood relative of
either the decedent or the decedent's predeceased spouse.
   (c) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code to the parent who has legal and
physical custody of a minor who is a blood relative of either the
decedent or the decedent's predeceased spouse without the need to
appoint a legal guardian for the minor as follows:
   (1) If the value of the unclaimed money deposited with the county
treasurer is five thousand dollars ($5,000) or less, the treasurer
may release the money according to Section 3401 of the Probate Code.

   (2) If the value of the unclaimed money deposited with the county
treasurer is sixty thousand dollars ($60,000) or less, and the money
is not released under paragraph (1), the unclaimed money may be
released by the treasurer to the parent who shall, after payment of
any costs incurred in making the claim, hold the money in trust, to
be used only for the care, maintenance, and education of the minor,
and the parent shall be liable therefor to the minor under the
fiduciary laws of this state.  The money held in trust shall be
released to the minor when the minor reaches the age of majority.
   (d) The claim shall be presented to the county treasurer in
affidavit form and signed under penalty of perjury.  Notwithstanding
Section 13101 of the Probate Code, the claimant, to be entitled to
the entire escheated estate, needs only to establish with documentary
proof the existence of a blood relationship to either the decedent
or of the predeceased spouse, if any, and the documentary proof, if
regular on its face, need not be certified.  Notwithstanding Section
13101 of the Probate Code, the claimant shall not be required to
declare that no other person has an equal or superior claim to the
escheated estate.
   The county treasurer may rely in good faith on the sworn
statements made in the claim and shall have no duty to inquire into
the truth or credibility of evidence submitted.
   In paying out the escheated estate, the county treasurer shall be
held harmless to all.  Payment shall act as total acquittance and
shall completely discharge the county treasurer from any liability.
   If the county treasurer rejects any claim made hereunder, the
claimant may take his or her grievance to the Superior Court of the
county holding the escheated estate.
   Any claim paid hereunder shall be paid without interest.