Estate of Sorensen

EDMONDS, J.

The heirs of S. P. A. Sorensen, deceased, claim the assets of his estate. The appeal is from a decree which determines,

inter alia,

that distribution must be made to the State of California for failure of the heirs “to appear and demand the property within five years from the date of succession” as required by section 1026 of the Probate Code.

1

Sorensen died intestate in 1934. His only heirs were three sisters and a brother, all of whom were nonresident aliens within the meaning of the statute. About 15 years later, bank accounts in his name were found which, with interest, amounted to $1,150.

Until notified of these facts by the public administrator, none of the heirs knew of either Sorensen’s death or the existence of the bank accounts. A claim of interest on behalf of herself and certain other heirs was filed by Petra Sorensen, the decedent’s sister and a resident of Norway. Petitions for distribution were filed by the Attorney General of California and by the Attorney General of the United States as successor to the Alien Property Custodian. Only Miss Sorensen has appealed from an order which settles the first and final account of the public administrator, determines heir-ship and distributes the property to the state.

It is conceded that Miss Sorensen’s right of inheritance is governed by section 1026 of the Probate Code. That sec

[308]

tion fixes a period of limitation within which a nonresident alien must establish his right to succeed to the estate of a decedent or be barred from doing so. Speaking of the statutory predecessors of section 1026

2

, this court has said: ‘ ‘ They clearly imply that upon the death of the deceased the estate vests as a conditional estate in the nonresident alien heir, subject only to the contingency that if he fails to appear and claim the same within five years his right ceases, and the property then vests in the state, not strictly by escheat for want of heirs, but by virtue of the effect of the statute.”