Detailed Answer
Estate Administration in California
California requires probate and estate administration to occur in the Superior Court of the county where the decedent lived at the time of death. The Probate Division oversees these proceedings, including appointment of personal representatives, validation of wills, and distribution of assets. See California Probate Code § 8000 for the definition of probate jurisdiction: Cal. Probate Code § 8000.
If the estate qualifies for summary or small estate procedures, you may file a petition for informal probate or use the affidavit procedure. Summary proceedings (for estates up to $184,500) reference California Probate Code § 13100 et seq.: Cal. Probate Code § 13100. For small estates (up to $166,250), use the affidavit procedure under Probate Code § 13101.
Unclaimed Property Claims in California
Unclaimed property in California falls under the Uniform Unclaimed Property Act, administered by the California State Controller’s Office (SCO). Property such as forgotten bank accounts, uncashed checks, and matured insurance policies escheat to the state after a dormancy period. The SCO’s Unclaimed Property Division handles claims for these assets. See California Government Code § 5000 for definitions and scope of the Unclaimed Property Act: Cal. Gov. Code § 5000.
To claim unclaimed property, search the SCO database at https://ucpi.sco.ca.gov/, complete the claim form, and provide proof of ownership. The Controller’s Office processes claims statewide; you do not file in county court.
Helpful Hints
- Visit the website of your county’s Superior Court Probate Division for local filing procedures and fee schedules.
- Confirm estate value to determine eligibility for simplified probate (summary or small estate).
- Maintain thorough records of any notices to heirs and creditors during probate.
- Use the State Controller’s online portal to search and file unclaimed property claims quickly.
- Keep identification and proof of ownership ready when claiming unclaimed assets.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.