BILL NUMBER: AB 1160	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 22, 2013

   An act to amend Section 11704 of the Probate Code, relating to
decedents' estates.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 11704 of the Probate Code is amended to read:
   11704.  (a) The court shall consider as evidence in the proceeding
any statement made in a petition filed under Section 11700 and any
statement of interest filed under Section 11702. The court shall not
hear or consider a petition filed after the time prescribed in
Section 11700.
   (b)  The   Upon prior order of the court, the
   personal representative may file papers and
otherwise participate in the proceeding as a party to assist the
court.
  SEC. 2.  It is the intent of the Legislature, in amending
subdivision (b) of Section 11740 of the Probate Code, to overturn the
precedent in the case of Estate of Bartch (2011), 193 Cal. App. 4th
885, to the extent that it is inconsistent with this amendment.