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ESTATES OF DECEASED-UNCLAIMED MONIES DAN
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ESTATES OF DECEASED WITH HEIR Code of Civil Procedures section 1444 provides that at the time of the next county settlement following the expiration of one year from the date of its deposit in the county treasury, all money or other property distributed in the administration of an estate of a deceased person and heretofore or hereafter deposited in the county treasury to the credit of known heirs, legatees, or devisees, and any money or other property remaining on deposit to the credit of an estate after final distribution to such known heirs, legatees or devisees, shall be paid to the Treasurer or Controller as provided in Chapter 2. ESTATES OF DECEASED WITHOUT HEIR Government Code Section 50050, et.seq. provides that unclaimed monies, which remain in the treasury or in the custody of the officers of a local agency for three (3) years, become the property of the agency. At the end of the three-year period, those items in excess of $15 must be published as notification that the money will become the property of the agency after a designated date if it is left unclaimed; items under $15 need not be published. Escheatment to the general fund occurs if a verified claim is not filed by the designated date forty-five days after the date of first publication. After this date, money left unclaimed will become the property of the county and can no longer be claimed. CLAIM PROCESS Treasurer-Tax Collector receives periodic receipts from attorneys and the Public Administrator/Public Guardian (PA/PG) for Estates of Deceased with and without heirs. The Treasurer-Tax Collector issues warrants based on court orders. The unclaimed funds are processed through the escheatment process based on probate code. The Estates of Deceased with heirs are held in trust for one year from date of receipt with the Treasurer-Tax Collector. Pursuant to the Civil Code of Procedure 1444 the unclaimed funds are escheated to the California State Controller on a semi-annual basis. After a period of five years, if still unclaimed, the funds become the property of the State of California. The Estates of Deceased without heirs are held in trust for three years from the date of receipt with the Treasurer-Tax Collector. If the funds are not claimed during the holding period, the names of the deceased are published in local newspapers and on the County of San Diego website. Pursuant to Probate Code Section 7663, the funds are escheated to the County’s general fund if unclaimed 60 days after the first publication. Review the following link to locate estates of deceased: If after reviewing the Estates of Deceased Listings, you have determined that the County may have funds belonging to yourself, print the Declaration In Support Of Request For Release Of Funds Held By The Treasurer-Tax Collector To A Beneficiary Of A Deceased Person Form and follow the Filing Instructions provided below. The County of San Diego has a duty to release funds only to the rightful claimant. In this regards, we ask the claimants to provide documentation to validate their claims to ensure that no one but the rightful claimant can receive Estates of Deceased Unclaimed Monies. Payees may claim their monies directly from the County of San Diego without any service charges or fees. Filing Instructions: Click here for the Claim Form (Declaration In Support Of Request For Release Of Funds Held By The Treasurer-Tax Collector To A Beneficiary Of A Deceased Person). Please attach documents that evidence your relationship to the decedent or proof that you are the legally appointed personal representative of the decedent and that prove your right to the funds on deposit. This should include a copy of the decedent's will, if any; the decedent’s death certificate; a marriage certificate, if you are the decedent’s spouse; or your birth certificate, if you are the decedent’s child or that otherwise establish, with documentary proof, the existence of a blood or legal relationship to either the decedent or his or her predeceased spouse, if any, that proves your right to the funds on deposit. The documentary proof, if regular on its face, need not be certified. At least forty (40) days must have elapsed since the death of the decedent. No proceedings are now or have been conducted in California for administration of the decedent’s estate. Please provide reasonable proof of your identity. (a) Reasonable proof of identity is provided for purposes of this declaration is as follows: Treasurer-Tax Collector staff shall note on this declaration a description of the identification provided by you. If you are unable to execute this declaration in the presence of Treasurer-Tax Collector staff, a notary public’s certificate of acknowledgement identifying you as the person executing the declaration is reasonable proof of identity. Mail the completed claim form and documents to the following address: County of San Diego Attn: Escheatment Processing When our office receives your completed claim form, we review it carefully. If the evidence is not adequate to prove your ownership or a subsequent payment has been processed, our office will contact you or return all documents submitted, with a letter stating why the claim is incomplete or being denied. Please allow 4-6 weeks processing time. Questions regarding unclaimed funds should be directed to the Accounting Division of the Treasurer's office at 619-531-4743. |
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