BILL NUMBER: AB 1670	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 14, 2012

   An act to amend Section 8465 of the Probate Code, relating to
estates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1670, as introduced, Lara. Estates: administration.
   Existing law governs the administration of the estates of
decedents. Under existing law, when an individual dies intestate, a
court is authorized to appoint certain specified persons to act as
that individual's personal representative and to administer the
individual's estate. Further, existing law prescribes an order of
preference for appointment among those persons.
   This bill would expand a court's appointment authority by
authorizing the court to appoint an administrator who is nominated by
a person who is not a United States resident if the nominator would
otherwise be entitled to appointment as an administrator of the
decedent's estate.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 8465 of the Probate Code is amended to read:
   8465.  (a) The court may appoint as administrator a person
nominated by  a   any of the following persons:

    (1)     A  person otherwise entitled
to appointment  or by the guardian   . 
    (2)     A person who would otherwise be
entitled for appointment but who is ineligible for appointment under
paragraph (4) of subdivision (a) of Section 8402 because he or she is
not a resident of the United States. 
    (3)     The guardian  or conservator
of the estate of a person otherwise entitled to appointment. The
nomination shall be made in writing and filed with the court.
   (b) If a person making a nomination for appointment of an
administrator is the surviving spouse or domestic partner, child,
grandchild, other issue, parent, brother or sister, or grandparent of
the decedent, the nominee has priority next after those in the class
of the person making the nomination.
   (c) If a person making a nomination for appointment of an
administrator is other than a person described in subdivision (b),
the court in its discretion may appoint either the nominee or a
person of a class lower in priority to that of the person making the
nomination, but other persons of the class of the person making the
nomination have priority over the nominee.