AB 1160, as introduced, Wagner. Decedents’ estates: personal representative.
Existing law authorizes a personal representative, or any person claiming to be a beneficiary or otherwise entitled to distribution of a share of an estate, to file a petition for a court determination of the persons entitled to distribution of the decedent’s estate. Existing law also requires the court to consider as evidence in the proceeding any statement made in a petition and any statement of interest, except as specified, and authorizes the personal representative to file papers and otherwise participate in the proceeding as a party to assist the court.
This bill would instead authorize the personal representative to file papers and otherwise participate in the proceeding as a party to assist the court upon prior order of the court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11704 of the Probate Code is amended
2to read:
(a) The court shall consider as evidence in the
2proceeding any statement made in a petition filed under Section
311700 and any statement of interest filed under Section 11702.
4The court shall not hear or consider a petition filed after the time
5prescribed in Section 11700.
6(b) begin deleteThe end deletebegin insertUpon prior order of the court, theend insertbegin insert end insertpersonal
7representative may file papers and otherwise participate in the
8proceeding as a party to assist the
court.
It is the intent of the Legislature, in amending
10subdivision (b) of Section 11740 of the Probate Code, to overturn
11the precedent in the case of Estate of Bartch (2011), 193 Cal. App.
124th 885, to the extent that it is inconsistent with this amendment.
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