BILL NUMBER: AB 2683	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, and Wieckowski)

                        MARCH 12, 2012

   An act to amend  Section 2204   Sections
2204, 8100, and 9052  of the Probate Code, relating to 
guardianships   probate  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2683, as amended, Committee on Judiciary. 
Guardianships: venue.   Probate matters: guardianships:
estates.  
   Existing law requires a creditor to file a claim against a
decedent's estate before the later of 4 months after the date
letters, as specified by other provisions of law, are first issued to
a general personal representative or 60 days after the date notice
of administration is mailed or personally delivered to the creditor.
Existing law provides a form for a notice of petition to administer a
decedent's estate, and for a notice of administration of a decedent'
s estate, and requires that notices for those purposes substantially
comply with the statutory form.  
   This bill would revise those notice forms to state that a creditor
must file a claim with the court and mail a copy to the personal
representative appointed by the court within the later of either 4
months from the date of first issuance of letters to a general
personal representative, as specified, or 60 days from the date of
mailing or personal delivery of the notice, as specified. 
   Existing law establishes procedures for courts to follow regarding
venue in the circumstance where a proceeding for the guardianship of
the person of the minor is filed in one county, and a custody or
visitation proceeding has already been filed in one or more other
counties, and provides for communications between the courts, as
specified.
   This bill would correct an erroneous cross-reference in these
provisions.
   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 2204 of the Probate Code is amended to read:
   2204.  (a) If a proceeding for the guardianship of the person of
the minor is filed in one county and a custody or visitation
proceeding has already been filed in one or more other counties, the
following shall apply:
   (1) If the guardianship proceeding is filed in a county where the
proposed ward and the proposed guardian have resided for six or more
consecutive months immediately prior to the commencement of the
proceeding, or, in the case of a minor less than six months of age,
since the minor's birth, the court in that county is the proper court
to hear and determine the guardianship proceeding, unless that court
determines that the best interests of the minor require that the
proceeding be transferred to one of the other courts. A period of
temporary absence no longer than 30 days from the county of the minor
or the proposed guardian shall not be considered an interruption of
the six-month period.
   (2) If the guardianship proceeding is filed in a county where the
proposed ward and the proposed guardian have resided for less than
six consecutive months immediately prior to the commencement of the
proceeding, or, in the case of a minor less than six months of age, a
period less than the minor's life, the court shall transfer the case
to one of the other courts, unless the court determines that the
best interests of the minor require that the guardianship proceeding
be maintained in the court where it was filed.
   (3) If a petitioner or respondent in a custody or visitation
proceeding who is an authorized petitioner under Section 2212
petitions the court where the guardianship proceeding is filed for
transfer of the guardianship proceeding to the court where the
custody or visitation proceeding is on file at any time before the
appointment of a guardian, including a temporary guardian, the
provisions of this subdivision shall apply to the court's
determination of the petition for transfer. Except as provided in
this paragraph, the petition for transfer shall be determined as
provided in Sections 2212 to 2217, inclusive.
   (b) The following shall apply concerning communications between
the courts:
   (1) The court where the guardianship proceeding is commenced shall
communicate concerning the proceedings with each court where a
custody or visitation proceeding is on file prior to making a
determination authorized in subdivision (a), including a
determination of a petition to transfer.
   (2) If a petitioner or respondent, who is authorized to petition
to transfer under Section 2212, petitions the court where the
guardianship proceeding is filed for transfer of the guardianship
after the appointment of a guardian, including a temporary guardian,
the court in the guardianship proceeding may communicate with each
court where a custody or visitation proceeding is on file before
determining the petition for transfer.
   (3) If the court in the guardianship proceeding appoints a
guardian of the person of the minor, including a temporary guardian,
the court shall transmit a copy of the order appointing a guardian to
each court where a custody or visitation proceeding is on file, and
each of those courts shall file the order in the case file for its
custody or visitation proceeding.
   (4) The provisions of subdivisions (b) to (e), inclusive, of
Section 3410 of the Family Code shall apply to communications between
courts under this subdivision.
   (5) The Judicial Council shall, on or before January 1, 2013,
adopt rules of court to implement the provisions of this subdivision.

   (c) For purposes of this section, "custody or visitation
proceeding" means a proceeding described in Section 3021 of the
Family Code that relates to the rights to custody or visitation of
the minor under Part 2 (commencing with Section 3020) of Division 8
of the Family Code.
   SEC. 2.    Section 8100 of the   Probate
Code   is amended to read: 
   8100.  The notice of hearing of a petition for administration of a
decedent's estate, whether served under Article 2 (commencing with
Section 8110) or published under Article 3 (commencing with Section
8120), shall state substantially as follows:

               NOTICE OF PETITION TO
                    ADMINISTER
    ESTATE OF ___________, ESTATE NO. ________
  To all heirs, beneficiaries, creditors, and
contingent creditors of _________ and persons
who may be otherwise interested in the will or
estate, or both:
  A petition has been filed by       _________
in the Superior Court of California, County of
_________, requesting that _________ be
appointed as personal representative to
administer the estate of _________ (and for
probate of the decedent's will, which is
available for examination in the court file).
  (The petition requests authority to administer
the estate under the Independent Administration
of Estates Act. This will avoid the need to
obtain court approval for many actions taken in
connection with the estate. However, before
taking certain actions, the personal
representative will be required to give notice
to interested persons unless they have waived
notice or have consented to the proposed
action. The petition will be granted unless
good cause is shown why it should not be.)
The petition is set for hearing in Dept. No. ___
at ___________
                                       (Address)
on ___________________ at _________
                  (Date of hearing)      (Time of
_________ .
hearing)


   IF YOU OBJECT to the granting of the petition, you should appear
at the hearing and state your objections or file written objections
with the court before the hearing. Your appearance may be in person
or by your attorney.
   IF YOU ARE A CREDITOR or a contingent creditor of the deceased,
you must file your claim with the court and mail a copy to the
personal representative appointed by the court within  the later
of either (1)  four months from the date of first issuance of
letters  as provided in Section 9100 of the California
Probate Code. The time for filing claims will not expire before four
months from the date of the hearing noticed above   to a
general personal representative, as defined in subdivision (b) of
Section 58 of the California Probate Code, or (2) 60 days from the
date of mailing or personal delivery of the notice to you under
Section 9052 of the California Probate Code  .
   YOU MAY EXAMINE the file kept by the court. If you are interested
in the estate, you may request special notice of the filing of an
inventory and appraisal of estate assets or of any petition or
account as provided in Section 1250 of the California Probate Code.
___________________________________
               (Name and address of petitioner or
_______________________
petitioner's attorney)


   SEC. 3.    Section 9052 of the   Probate
Code   is amended to read: 
   9052.  The notice shall be in substantially the following form:
              NOTICE OF ADMINISTRATION
                         OF
             ESTATE OF _______, DECEDENT
  Notice to creditors:
  Administration of the estate of _________
(deceased) has been commenced by _________
(personal representative) in Estate No. _________
in the Superior Court of California, County of
_________. You must file your claim with the
court and mail or deliver a copy to the personal
representative       within the last to occur of
four months after _________ (the date letters
 were issued to the personal representative), or 
 were first issued to a general personal 
 representative, as defined in subdivision (b) of 
 Section 58 of the California Probate Code), or 60 
 60  days after the date this notice was mailed to
 you 
 you  or, in the case of personal delivery, 60 days
   
after the date this notice was delivered to you,  
 , 
 or you must petition to file a late claim as 
 as  provided in Section 910  0 
 3  of the California
 Probate Code, or you must petition to file a late 

 claim as provided in Section 9103 of the 
 California  Probate Code. Failure       to file a
 claim with
  claim with  the court and serve a copy of
the  claim on   the
  claim on the  personal representative will,
in    most 
 instances, 
 most instances,  invalidate your claim. A claim
 form may be
  form may be  obtained from the court clerk.
For  your 
your  protection, you are encouraged to file your
 claim 
 claim  by certified mail, with return receipt
 
 requested. 
 requested. 
_____________________ ____________________________
  (Date of mailing     (Name and address of
this notice)          personal
                       representative or attorney)