Amended in Senate June 3, 2013

Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1160

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 begin delete , upon prior order of the court on a showing of good cause, end delete to file begin delete papers and otherwise end delete begin insert a petition with the court for authorization to end insert participate in the proceeding as necessary to assist the court. begin insert The bill would authorize the court to grant or deny the petition without an evidentiary hearing and would require a showing of good cause for a petition to be granted. The bill would also require a court to determine the manner and capacity in which the personal representative may provide assistance in the proceeding. end insert

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.

begin delete

(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 necessary to assist the court.

end delete begin insert

(b) (1) The personal representative may petition the court for
authorization to participate, as necessary to assist the court, in
the proceeding. Notice of the hearing on the petition shall be given
to the persons identified in Section 11701 in the manner provided
in Section 1220.

end insert begin insert

(2) The court may grant or deny this petition, in whole or in
part, on the pleadings, without an evidentiary hearing or further
discovery. A petition filed pursuant to this subdivision may be
granted only upon a showing of good cause. The court shall
determine the manner and capacity in which the personal
representative may provide assistance in the proceeding. The court
may direct the personal representative to file papers as a party to
the proceeding, or to take other specified action, if deemed by the
court to be necessary to assist the court.

end insert