BILL NUMBER: AB 1670	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 14, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1670, as amended, 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  , until January 1, 2016,  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 any of the following persons:
   (1) A person otherwise entitled to appointment.
   (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. 
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
   SEC. 2.    Section 8465 is added to the  
Probate Code   , to read:  
   8465.  (a) The court may appoint as administrator a person
nominated by a person otherwise entitled to appointment or by 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.
   (d) This section shall become operative on January 1, 2016.