AB 1160, as amended, 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 representativebegin insert, upon prior order of the court on a showing of good cause,end insert to file papers and otherwise participate in the proceeding
asbegin delete a partyend deletebegin insert
necessaryend insert to assist the courtbegin delete upon prior order of the courtend delete.
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
4proceeding any statement made in a petition filed under Section
511700 and any statement of interest filed under Section 11702.
6The court shall not hear or consider a petition filed after the time
7prescribed in Section 11700.
8(b) Upon prior order of the court,begin insert on a showing of good cause,end insert
9 the personal representative may file papers and otherwise
10participate in the proceeding asbegin delete a partyend deletebegin insert
necessaryend insert to assist the
11court.
It is the intent of the Legislature, in amending
13subdivision (b) of Section 11740 of the Probate Code, to overturn
14the precedent in the case of Estate of Bartch (2011), 193 Cal. App.
154th 885, to the extent that it is inconsistent with this amendment.
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