BILL NUMBER: AB 361	CHAPTERED  07/20/07

	CHAPTER  105
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JUNE 28, 2007
	PASSED THE ASSEMBLY  JULY 9, 2007
	AMENDED IN SENATE  JUNE 25, 2007
	AMENDED IN SENATE  JUNE 4, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 14, 2007

   An act to amend Section 9202 of the Probate Code, relating to
decedents' estates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 361, Ma. Decedents' estates: creditor claims.
   Existing law requires the general personal representative or the
estate attorney of a decedent's estate to provide notices to the
Director of Health Care Services and the Director of the California
Victim Compensation and Government Claims Board, under specified
circumstances, not later than 90 days after the date letters of
administration are first issued.
   This bill would require that the general personal representative
or estate attorney give the Franchise Tax Board notice of the
administration of the estate, as specified, not later than 90 days
after the date letters of administration are first issued. This
requirement would apply to estates for which letters of
administration are first issued on or after July 1, 2008.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9202 of the Probate Code is amended to read:
   9202.  (a) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Director of Health
Care Services notice of the decedent's death in the manner provided
in Section 215 if the general personal representative knows or has
reason to believe that the decedent received health care under
Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing
with Section 14200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or was the surviving spouse of a person who
received that health care. The director has four months after notice
is given in which to file a claim.
   (b) Not later than 90 days after the date letters are first issued
to a general personal representative, the general personal
representative or estate attorney shall give the Director of the
California Victim Compensation and Government Claims Board notice of
the decedent's death in the manner provided in Section 216 if the
general personal representative or estate attorney knows or has
reason to believe that an heir is confined in a prison or facility
under the jurisdiction of the Department of Corrections and
Rehabilitation or confined in any county or city jail, road camp,
industrial farm, or other local correctional facility. The director
of the board shall have four months after that notice is received in
which to pursue collection of any outstanding restitution fines or
orders.
   (c) (1) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Franchise Tax Board
notice of the administration of the estate. The notice shall be given
as provided in Section 1215.
   (2) The provisions of this subdivision shall apply to estates for
which letters are first issued on or after July 1, 2008.