BILL NUMBER: AB 2872 CHAPTERED
BILL TEXT
CHAPTER 334
FILED WITH SECRETARY OF STATE AUGUST 30, 2004
APPROVED BY GOVERNOR AUGUST 27, 2004
PASSED THE ASSEMBLY AUGUST 12, 2004
PASSED THE SENATE JUNE 24, 2004
AMENDED IN SENATE JUNE 22, 2004
AMENDED IN ASSEMBLY APRIL 27, 2004
INTRODUCED BY Assembly Member Maddox
FEBRUARY 20, 2004
An act to amend Section 17204 of the Probate Code, relating to
trusts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2872, Maddox. Trusts: notices.
Existing law regulates judicial proceedings relating to trusts.
Existing law permits a beneficiary of a trust to file a request with
a court to receive notice of specified proceedings, and requires a
beneficiary to deliver a copy of such a request to the trustee, as
specified. If the request is mailed, it is effective when it is
received. Existing law provides that, after a request is served, the
beneficiary is entitled to notice, and it provides that such a
request is ineffective under certain circumstances.
This bill would extend the provisions described above to creditors
of the trust and creditors of a trustor if the trust has become
irrevocable upon the trustor's death. The bill would permit these
creditors to request notice of proceedings only for specified
purposes. The bill would specify particular methods of service in
regard to the notice of proceedings to a trustee, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17204 of the Probate Code is amended to read:
17204. (a) If proceedings involving a trust are pending, a
beneficiary of the trust may, in person or by attorney, file with the
court clerk where the proceedings are pending a written request
stating that the beneficiary desires special notice of the filing of
petitions in the proceeding relating to any or all of the purposes
described in Section 17200 and giving an address for receiving notice
by mail. A copy of the request shall be personally delivered or
mailed to the trustee or the trustee's attorney. If personally
delivered, the request is effective when it is delivered. If mailed,
the request is effective when it is received. When the original of
the request is filed with the court clerk, it shall be accompanied by
a written admission or proof of service. A request for special
notice may be modified or withdrawn in the same manner as provided
for the making of the initial request.
(b) (1) An interested person may request special notice in the
same manner as a beneficiary under subdivision (a), for the purpose
set forth in paragraph (9) of subdivision (b) of Section 17200. The
request for special notice shall be accompanied by a verified
statement of the person's interest.
(2) For purposes set forth in paragraphs (2), (4) to (6),
inclusive, (8), (12), (16), (20), and (21) of subdivision (b) of
Section 17200, an interested person may petition the court for an
order for special notice of proceedings involving a trust. The
petition shall include a verified statement of the creditor's
interest and may be served on the trustee or the trustee's attorney
by personal delivery or in the manner required by Section 1215. The
petition may be made by ex parte application.
(3) For purposes of this subdivision, an "interested person" means
only a creditor of a trust or, if the trust has become irrevocable
upon the death of a trustor, a creditor of the trustor.
(4) This section does not confer standing on an interested person
if standing does not otherwise exist.
(c) Except as provided in subdivision (d), after serving and
filing a request and proof of service pursuant to subdivision (a) or
paragraph (1) of subdivision (b), the beneficiary or the interested
person is entitled to notice pursuant to Section 17203. If the
petition of an interested person filed pursuant to paragraph (2) of
subdivision (b) is granted by the court, the interested person is
entitled to notice pursuant to Section 17203.
(d) A request for special notice made by a beneficiary whose right
to notice is restricted by Section 15802 is not effective.