BILL NUMBER: AB 1160	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2013

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 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 representative 
, upon prior order of the court on a showing of good cause,  to
file papers and otherwise participate in the proceeding as 
a party   necessary  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) Upon prior order of the court,  on a showing of good
cause,  the personal representative may file papers and
otherwise participate in the proceeding as  a party 
 necessary  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.