Section 11854 Of Chapter 5. Deposit With County Treasurer From California Probate Code >> Division 7. >> Part 10. >> Chapter 5.
11854
. (a) A person may claim money on deposit in the county
treasury by filing a petition with the court that made the order for
distribution. The petition shall show the person's claim or right to
the property. Unless the petition is filed by the person named in the
decree for distribution of a decedent's estate, or the legal
representative of the person or the person's estate, the petition
shall state the facts required to be stated in a petition for
escheated property filed under Section 1355 of the Code of Civil
Procedure. On the filing of the petition, the same proceedings shall
be had as are required by that section, except that the hearing shall
be ex parte unless the court orders otherwise.
(b) If so ordered by the court, a copy of the petition shall be
served on the Attorney General. The Attorney General may answer the
petition, at the Attorney General's discretion.
(c) If the court is satisfied that the claimant has a right to the
property claimed, the court shall make an order establishing the
right. On presentation of a certified copy of the order, the county
auditor shall draw a warrant on the county treasurer for the amount
of money covered by the order.
(d) A claim for money distributed in the estate of a deceased
person made after the deposit of the property in the State Treasury
is governed by the provisions of Chapter 3 (commencing with Section
1335) of Title 10 of Part 3 of the Code of Civil Procedure.