What Is Escheat in California Probate?
Escheat is a legal process where property transfers to the state when no heirs or beneficiaries can be located.
In California probate law, the court must first make a reasonable effort to locate heirs before assets can be transferred to the state.
This may involve:
- Probate court investigations
- Public notices to locate heirs
- Genealogical research
- Searches for distant relatives
If no legitimate heirs are found, the remaining assets are transferred to the California State Treasury.
Can Heirs Still Claim the Estate Later?
Yes. Even after assets have been transferred to the state, potential heirs may still be able to file a claim.
California allows individuals who can prove a legitimate relationship to the decedent to petition the court and recover escheated assets.
This is why the probate court conducts extensive searches before finalizing escheat.
