Bogert

Appellant Caroline B. Bogert (Bogert) appeals from an order of the superior court denying her petition for distribution of assets escheated to the state from the estate of John C. Besch (decedent). As decedent’s next of kin, Bogert contends she is entitled to unclaimed funds devised to an individual whose whereabouts are unknown. We disagree and shall affirm.

Decedent died testate in 1974, leaving funds to his foster daughter Jean Celaya (Celaya). Because Celaya could not be located, the funds were delivered to the county treasurer pursuant to Probate Code section 1060. Thereafter the funds were transferred to the state controller pursuant to Code of Civil Procedure section 1444. (Further statutory references to sections of an undesignated code are to the Code of Civil Procedure.) The state con-troller held the funds for five years and then requested the Attorney General to commence escheat proceedings.

On January 9, 1984, judgment was entered decreeing title to the funds to the state by escheat, thereby triggering a five year claims period pursuant to section 1430. On February 9, 1988, Bogert filed a timely petition claiming to be the sister of the decedent and seeking…