Judge: Bruce G. Iwasaki, Case: 24STCP01744, Date: 2024-08-14 Tentative Ruling

Case Number: 24STCP01744    Hearing Date: August 14, 2024    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             August 14, 2024

Case Name:                Estate Research Associates v. Controller of the State of California

Case No.:                    24STCP01744

Motion:                       Petition to Establish Claim to Escheated Property

Moving Party:             Petitioner, Estate Research Associates

Opposing Party:          None

Background

         Petitioner Estate Research Associates (“ERA”) petitioned the Court for an order that the State Controller distribute $268,217.73 deposited with the Controller by the Estate of Curtis Andrew Wade (“Mr. Wade”). Mr. Wade died intestate. ERA conducted an investigation to discover the identities of any heirs who could make claims on his estate. ERA located fourteen (14) heirs. ERA now petitions for the Court to order the Controller to release to each of them their share of the estate, with 33% of the funds going to ERA for its services.

         The petition is unopposed.

Discussion

When a person dies without a will and without heirs at law, as defined by the state laws of intestate succession, all of the unclaimed portion of the estate of the deceased escheats to the state on the date of the decedent's death, subject to creditor's claims and the costs of estate administration. (Prob. Code, §§ 11900-11904.)   Upon the expiration of five years after the entry of judgment in any proceeding filed pursuant to the Unclaimed Property Law, the completion of the notice period in an escheat action filed pursuant to Code of Civil Procedure section 1415 (money or personal property), or a decree of distribution of estate assets to the state pursuant to the Probate Code, the property covered by that proceeding or action permanently escheats to the state.  (See Code Civ. Proc., § 1430(a).)  The purpose of this five-year period is to protect previously unknown heirs from having the property permanently escheat to the state and to allow them time to make a claim to the state for the property.  (Estate of McGuigan (2000) 83 Cal. App. 4th 639, 645.) 

During the five-year period, a person may file a petition showing his claim or right to the money or other property, or the proceeds thereof.  (Code Civ. Proc. § 1355.)  Code of Civil Procedure section 1355 sets out the requirements for a petition filed to claim an escheated estate, including the presentation of detailed information on the identities and whereabouts of all potential heirs of the decedent or an express statement why the petitioners are unable to set forth any particular information called for.  (Estate of Supeck (1990) 225 Cal.App.3d 360, 365-66.)  If it is determined that a person is entitled to the money or other property or the proceeds thereof, the court must order the property to be delivered to him.  (Id. at 366.) 

At least 20 days before the hearing of the petition, a copy of the petition and notice of hearing must be served on the Attorney General and on the Controller, and the Attorney General may answer the same at his discretion. (Code Civ. Proc., § 1355.) 

Discussion

            The Petition sets forth the basis for each claimant’s entitlement to their portion of the estate, with each of the fourteen (14) claimants submitting a sworn declaration verifying their own identity and the accuracy of the genealogical information in ERA’s petition. (Claimants’ Decl. iso Petition, Exs. 1-14.) (Claimant Lisa Orr also attests to her entitlement as testate successor to claimant Lisa Orr, who died in May. (Orr Decl., ¶¶ 1, 6-9.)

            Counsel has served the petition and related documents on all parties by mail. (See Not. of Mot., p. 4.)

            No claimant has filed any opposition, nor has the Respondent.

            The Court GRANTS the petition. ERA is ordered to submit a proposed judgment within twenty (20) days of this order.