Notwithstanding any other provision of law, a benefit consisting of moneys or other property distributable from a trust established under a plan providing health and welfare, pension, vacation, severance, retirement benefit, death benefit, unemployment insurance or similar benefits shall not pass or escheat to the Government of Guam, but shall go to the trust or fund from which distributable. If, however, such plan has terminated and the trust or fund has been distributed to the beneficiaries thereof prior to distribution of such benefit from the decedent‘s estate, such benefit shall pass and escheat to the Government of Guam as provided in Section 1201 of this Title.
SOURCE: California Probate Code, § 231(c), as amended.

COMMENT: Section 1203 exempts from the general law of escheat certain property rights belonging to the decedent. The distribution scheme set forth in § 1203 seems fair and reasonable, as it means that the beneficiaries of the decedent’s property held in certain trust funds will be others similarly situated — i.e., other contributors to such plans — rather than the government. The only time that this distribution will not occur is set forth in the second sentence of § 1203: such property will escheat if the trust fund in question no longer exists. Under such circumstances, there will be no one who has even a remote interest in the decedent’s property; this being the case, escheat is appropriate.