Amended in Senate April 29, 2013

Senate Bill No. 826

Introduced by Committee on Judiciary (Senators Evans (Chair), Anderson, Corbett, Jackson, Leno, Monning, and Walters)

March 21, 2013

An act begin insert to amend Section 3202 of the Family Code, end insert begin insert and to amend Section 8200 of the Probate Code, end insert relating to civil law.

LEGISLATIVE COUNSEL’S DIGEST

SB 826, as amended, Committee on Judiciary. Civil law: omnibus bill.

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(1) Existing law requires the custodian of a will, within 30 days after having knowledge of the death of the testator, unless a petition for probate of the will is earlier filed, to deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered and to mail a copy of the will to the executor or a beneficiary, as specified. Existing law imposes a fee for delivering a will to the clerk of the superior court and requires reimbursement of this fee from the estate if an estate is commenced for the dependent named in the will.

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This bill would revise this provision to require reimbursement of the fee from the estate if an estate is commenced for the decedent named in the will.

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(2) Existing law requires compliance with the Uniform Standards of Practice for Providers of Supervised Visitation for supervised visitation and exchange programs.

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This bill would make a technical correction to a reference to this standard.

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Existing law, the Civil Code, is composed of 4 divisions relating to persons, property, obligations, and general provisions relating to persons, property, and obligations.

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This bill would declare the intent of the Legislature to enact technical and noncontroversial statutory changes relating to civil law.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 3202 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

3202.  

(a) All supervised visitation and exchange programs
funded pursuant to this chapter shall comply with all requirements
of the Uniform Standards of Practice for Providers of Supervised
Visitation set forth in begin delete Section 26.2 end delete begin insert Standard 5.20 end insert of the Standards
of Judicial Administration as amended. The family law division
of the superior court may contract with eligible providers of
supervised visitation and exchange services, education, and group
counseling to provide services under this chapter.

(b) As used in this section, “eligible provider” means:

(1) For providers of supervised visitation and exchange services,
a local public agency or nonprofit entity that satisfies the Uniform
Standards of Practice for Providers of Supervised Visitation.

(2) For providers of group counseling, a professional licensed
to practice psychotherapy in this state, including, but not limited
to, a licensed psychiatrist, licensed psychologist, licensed clinical
social worker, licensed marriage and family therapist, or licensed
professional clinical counselor; or a mental health intern working
under the direct supervision of a professional licensed to practice
psychotherapy.

(3) For providers of education, a professional with a bachelor’s
or master’s degree in human behavior, child development,
psychology, counseling, family-life education, or a related field,
having specific training in issues relating to child and family
development, substance abuse, child abuse, domestic violence,
effective parenting, and the impact of divorce and interparental
conflict on children; or an intern working under the supervision
of that professional.

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begin insert SEC. 2. end insert   

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begin insert Section 8200 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

8200.  

(a) Unless a petition for probate of the will is earlier
filed, the custodian of a will shall, within 30 days after having
knowledge of the death of the testator, do both of the following:

(1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered.

(2) Mail a copy of the will to the person named in the will as
executor, if the person’s whereabouts is known to the custodian,
or if not, to a person named in the will as a beneficiary, if the
person’s whereabouts is known to the custodian.

(b) A custodian of a will who fails to comply with the
requirements of this section begin delete is end delete begin insert shall be end insert liable for all damages
sustained by any person injured by the failure.

(c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.

(d) The fee for delivering a will to the clerk of the superior court
pursuant to paragraph (1) of subdivision (a) shall be as provided
in Section 70626 of the Government Code. If an estate is
commenced for the begin delete dependent end delete begin insert decedent end insert named in the will, the fee
for any will delivered pursuant to paragraph (1) of subdivision (a)
shall be reimbursable from the estate as an expense of
administration.

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SECTION 1.  

It is the intent of the Legislature to enact technical
and noncontroversial statutory changes relating to civil law.

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