BILL NUMBER: AB 2872 CHAPTERED 08/30/04 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 A request for special notice may be modified or withdrawn in the same manner as provided for the making of the initial request.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.