BILL NUMBER: AB 1160	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 3, 2013
	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   a
petition with the court for authorization to  participate in the
proceeding as necessary to assist the court.  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. 
   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 necessary to assist the court.  
    (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.  
   (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.