BILL NUMBER: AB 1670	CHAPTERED
	BILL TEXT

	CHAPTER  635
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	AMENDED IN SENATE  JUNE 25, 2012
	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, 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. Under the bill, the
court would be required to consider whether the nominee is capable of
faithfully executing the duties of the office, taking into account
specified factors. The bill would also require the approved nominee
to obtain bond, except as specified. The bill would prohibit the
appointment of a nominee who is not a California resident. Under the
bill, an administrator who ceases to be a California resident would
be deemed to have resigned as the administrator.



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) If a person making a nomination for appointment of an
administrator is a person described in paragraph (2) of subdivision
(a), the court shall not appoint a nominee who is not a California
resident to act as administrator. For California residents nominated
under paragraph (2) of subdivision (a), the court shall consider
whether the nominee is capable of faithfully executing the duties of
the office. The court may in its discretion deny the appointment and
appoint another person. In determining whether to appoint the
nominee, the factors the court may consider include, but are not
limited to, the following:
   (1) Whether the nominee has a conflict of interest with the heirs
or any other interested party.
   (2) Whether the nominee had a business or personal relationship
with the decedent or decedent's family before the decedent's death.
   (3) Whether the nominee is engaged in or acting on behalf of an
individual, a business, or other entity that solicits heirs to obtain
the person's nomination for appointment as administrator.
   (4) Whether the nominee has been appointed as a personal
representative in any other estate.
   (e) If the court decides to appoint a nominee under the
circumstances described in subdivision (d), the court shall require
the nominee to obtain bond, unless the court orders otherwise for
good cause. Any order for good cause must be supported by specific
findings of fact, and shall consider the need for the protection of
creditors, heirs, and any other interested parties. Before waiving a
bond, the court shall consider all other alternatives, including, but
not limited to, the deposit of property in the estate pursuant to
Chapter 3 (commencing with Section 9700) of Part 5 on the condition
that the property, including any earnings thereon, will not be
withdrawn except on authorization of the court. The waiver of all of
the heirs of the requirement of a bond shall not constitute good
cause.
   (f) If the appointed nominee ceases to be a California resident
following his or her appointment, he or she shall be deemed to have
resigned as administrator for the purposes of Article 7 (commencing
with Section 8520). The court shall not lose jurisdiction of the
proceeding by any resignation under this subdivision.
   (g) By accepting appointment as personal representative, the
nominee shall submit personally to the jurisdiction of the court.
   (h) 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.