Estate of Supeck

Appellants Nick Supeck and James F. Supeck filed a petition in the trial court pursuant to Code of Civil Procedure section 1355 (hereafter section 1355) to claim the escheated estate of George Supeck. Nick Supeck is the decedent’s brother; James F. Supeck is the decedent’s nephew.

After the petition was filed and the five-year statute of limitations prescribed by section 1355 had expired, petitioners’ attorney learned of the existence and whereabouts of decedent’s surviving daughter, Dolores Newman, who had not filed a section 1355 petition.

Despite the fact that the Attorney General did not oppose the petition, the trial court denied the petition on the ground that petitioners could not prove their entitlement to the estate due to the existence of a prior heir whose whereabouts were known. The court subsequently entered judgment against petitioners, from which they appeal.

The Attorney General has not filed a respondent’s brief.

We shall reverse the judgment.

Factual and Procedural Background

We recite the facts as set out in appellants’ opening brief. (Cal. Rules of Court, rule 17(b).)

Decedent George Supeck died on November 12, 1982.

An order of final…