Estate of Cruz

In Estate of Cruz (1989) 215 Cal. App. 3d 1416, the Court merely held that where the trial court finds a single known heir, it may not delay distribution in a section 1355 proceeding until the five-year limitations period for recovery of escheated property expires: "Delaying distribution of the estate is not required because unknown heirs do not have a vested interest in an escheated estate during the state's five-year waiting period. . . .The five-year period delaying the final escheat to the state does not vest an absolute right in all heirs to state claims during that time. That delay is merely a final attempt to prevent the escheat and only occurs where there is a possibility of an escheat. Where there is a mechanism to distribute the estate and prevent the escheat there is no reason to provide the extra five-year period." (Id. at pp. 1418-1419.)