BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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                                    CONSENT


          Bill No:  AB 2683
          Author:   Assembly Judiciary Committee 
          Amended:  4/23/12 in Assembly
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  4-0, 7/3/12
          AYES:  Evans, Blakeslee, Corbett, Leno
          NO VOTE RECORDED:  Harman

           ASSEMBLY FLOOR  :  76-0, 5/14/12 (Consent) - See last page 
            for vote


           SUBJECT  :    Probate matters:  guardianships:  estates

           SOURCE  :     Judicial Council of California


           DIGEST  :    This bill corrects a cross-reference relating to 
          inter-court communications regarding guardianship venue.  
          This bill also conforms creditor notices contained in a 
          notice of hearing on a petition to administer a decedents 
          estate and the notice of administration of the estate to 
          the statutory estate creditor claim period.

           NOTE:  This bill is the Assembly Judiciary Committee's 
                 omnibus bill.  To be considered for inclusion, each 
                 provision must be non-controversial and not be so 
                 substantive as to be more appropriate for a 
                 stand-alone bill.  If a non-controversial provision 
                 later becomes controversial, that provision will be 
                 removed from the bill.
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           ANALYSIS  :    Existing law provides statutory communication 
          requirements between a court presiding over the 
          guardianship of a minor in one county and a court in 
          another county presiding over the custody or visitation 
          proceeding of the minor.  (Probate Code (PROB) Section 
          2204(b))

          Existing law, the Uniform Child Custody Jurisdiction and 
          Enforcement Act (UCCJEA), provides statutory communication 
          requirements between courts in different states.  (Family 
          Code Section 3410)
           
          This bill corrects an incorrect cross-reference and 
          provides that the communication requirements established 
          under the UCCJEA apply to communications between a 
          guardianship court and a custody or visitation court.  

          Existing law authorizes a person to commence proceedings 
          for administration of a decedent's estate by filing a 
          petition with the court for an order determining the date 
          and place of the decedent's death and for either an 
          appointment of a personal representative and/or probate of 
          the decedent's will.  (PROB Section 8000)

          Existing law requires the petitioner to serve and publish a 
          notice of hearing on the petition for administration of a 
          decedent's estate.  (PROB Section 8003)

          Existing law requires the notice of hearing to include a 
          notice to creditors that the creditor must file a claim 
          with the court and mail a copy to the personal 
          representative appointed by the court within four months 
          from the date of first issuance of letters as provided in 
          PROB Section 9100 and that the time for filing claims will 
          not expire before four months from the date of the hearing. 
           (PROB Section 8100)

          Existing law requires the personal representative to give 
          notice of administration of the estate to the known or 
          reasonably ascertainable creditors of the decedent.  (PROB 
          Section  9050)

          Existing law requires the notice of administration of the 

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          estate to include a notice to creditors that, in order for 
          a creditor's claim against the estate to be valid, the 
          creditor must file a 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 60 days after 
          the date this notice was mailed to you or, in the case of 
          personal delivery, 60 days after the date this notice was 
          delivered to you, as provided in PROB Section 9100.  (PROB 
          Section 9052)

          Existing law provides that a creditor of a decedent's 
          estate must file a claim against the estate before the 
          expiration of the later of the following:

           four months after the date letters 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.  (PROB Section 
            9100(a))

          This bill clarifies the notice to creditors contained in 
          the notice of hearing and notice of administration of the 
          estate by providing that the time for filing and serving a 
          creditor's claim is the later of the following: 

           four months after the date letters are first issued to a 
            general personal representative; or 

           60 days after the date notice of administration is mailed 
            or personally delivered, as specified, to the creditor.  

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  7/6/12)

          Judicial Council of California (source)

           
          ASSEMBLY FLOOR  :  76-0, 5/14/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 

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            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Atkins, Fletcher, Perea, Valadao


          RJG:m  7/6/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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