BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2683| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 2683 Page 2 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 CONTINUED AB 2683 Page 3 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, CONTINUED AB 2683 Page 4 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 **** END **** CONTINUED