BILL ANALYSIS Ó
AB 1293
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1293 (Bloom)
As Amended July 2, 2013
Majority vote
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|ASSEMBLY: |46-30|(May 30, 2013) |SENATE: |24-13|(September 3, |
| | | | | |2013) |
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Original Committee Reference: JUD.
SUMMARY : Increases resources for the courts by creating a new
probate fee. Specifically, this bill adds, until January 1,
2019, a new $40 fee for filing a request for special notice in a
decedent's estate, guardianship, conservatorship or trust
proceeding. Provides that the $40 fee is in addition to any
other fee charged for a paper filed concurrently with the
request for special notice.
The Senate amendments add the January 1, 2019, sunset date.
EXISTING LAW :
1)Allows for the filing, without an additional fee, of a request
for special notice in a proceeding concerning a decedent's
estate. Allows the requester, whether a devisee, heir,
creditor or trust beneficiary, in person or by attorney, to
request special notice of, among other things, petitions,
inventories, appraisals, accounts, and status reports.
2)Allows for the filing, without an additional fee, of a request
for special notice in a proceeding concerning a
conservatorship or guardianship. Allows the requester,
whether the ward, if over 14, the conservatee, the spouse of
the ward or conservatee, any relative or creditor of the ward
or conservatee or any other interested person, in person or by
attorney, to request special notice of, among other things,
petitions, inventories, appraisals, accounts, and final
termination proceedings.
3)Allows for the filing, without an additional fee, of a request
for special notice in a proceeding concerning a trust. Allows
a trust beneficiary or a creditor, in person or by attorney,
to request special notice of petitions regarding the trust.
AB 1293
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FISCAL EFFECT : None
COMMENTS : This bill, sponsored by the Judicial Council, seeks
to increase revenue for the courts by creating a temporary, new
probate fee.
Historically, trial courts in California were county entities,
funded by the counties, but in 1997, after significant problems
came to light with the county-based court funding model, the
Legislature passed the Lockyer-Isenberg Trial Court Funding Act,
AB 233 (Escutia and Pringle), Chapter 850, Statutes of 1997.
Under that bill, the state assumed responsibility for funding
the courts and helping ensure equal access to a quality judicial
system statewide. After the state took over funding, the courts
received significant funding increases and historically
underfunded courts saw greater increases. Unfortunately, the
recession forced significant reductions in state General Fund
support for the courts, but "one-time" fixes, backfills and new
revenues has, to date, substantially spared the court system the
brunt of the General Fund reductions.
Even though trial courts have, to date, largely been spared the
bulk of the General Fund reductions, trial courts have taken
dramatic steps to address the budget cuts, including: 1)
closing courthouses and courtrooms, some on selected days and
others completely; 2) laying off or furloughing employees; and
3) reducing services, including substantial cuts to self-help
and family law facilitator assistance, and providing fewer court
reporters and court interpreters. While the Governor's 2013-14
Budget does not propose any additional cuts to the trial courts
and includes restoration of a $418 million one-time General Fund
reduction made this past year, some of the one-time fixes are
set to expire. As a result, it is anticipated that courts will
be looking for additional ways to reduce expenditures, unless
there is an infusion of additional funds.
This bill is part of the Judicial Council's response to the
judiciary's budget cuts. As recently amended, this bill
creates, until January 1, 2019, a new $40 fee for requests of
special notice filed in probate proceedings, including
proceedings involving decedents' estates, conservatorships,
guardianships and trusts. These are requests made by interested
individuals to get copies of records of various petitions and
other documents, including inventories, appraisals and
accountings filed with the court. This allows interested third
AB 1293
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parties to follow developments in a particular probate matter.
While the parties, and not the courts, are responsible for
actually providing the requested documents to the relevant
individuals, the Judicial Council believes that this new fee
will help cover the courts' costs incurred in ensuring that
proper notice and other information has been given to all
individuals requesting special notice and that, if such
information has not been given, postponing any relevant hearing.
The Judicial Council estimates that this new fee will result in
nearly $200,000 in new annual revenue for the courts.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0001521