Restitution - Probate Sections 216 and 9202: Inmate Inheritance

Effective January 1, 2006, a change to the Probate Code requires estate attorneys, beneficiaries, and personal representatives to inform the Victim Compensation and Government Claims Board when a deceased person has an heir who is incarcerated.

The VCGCB collects revenue owed to the Restitution Fund and ensures the integrity of the Fund and the Victims of Crime Act (VOCA) grant. In order to collect restitution owed, the VCGCB partners with the Franchise Tax Board and the California Department of Corrections of Rehabilitation to facilitate the imposition of restitution orders against criminal offenders through coordination with prosecutors, probation officers and the courts.

The following additional information must be submitted to the VCGCB when notice is given:

• Copy of death certificate
• Superior Court Name and Probate Case Number
• Name of the Heir
• Heir’s location of incarceration
• Heir’s date of birth
• Heir’s CDCR number if incarcerated in a California Department of Corrections and Rehabilitation facility; or
• Heir’s X-Reference Number (xref #) if incarcerated in a county facility

Please forward information to:

Victim Compensation and Government Claims Board
Revenue Recovery and Accounting Division
P.O. Box 1348
Sacramento, CA 95812-1348

If you have any questions, please contact the Restitution Recovery Section at (916) 491-3766