BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session


          SB 826 (Committee on Judiciary)
          As Amended April 29, 2013
          Hearing Date: May 7, 2013
          Fiscal: No
          Urgency: No
          NR


                                        SUBJECT
                                           
                              Civil Law:  Omnibus Bill

                                      DESCRIPTION  

          This bill would correct an error in the Probate Code by  
          replacing a reference to a "dependent" with "decedent."  This  
          bill would also update an incorrect reference to a particular  
          section of the Standards of Judicial Administration in the  
          Family Code. 

                                      BACKGROUND  

          SB 826 is the Senate Committee on Judiciary's omnibus bill.  To  
          be considered for inclusion, each provision must be  
          non-controversial and not be so substantive as to be more  
          appropriate for a stand-alone bill.  If a non-controversial  
          provision later becomes controversial, that provision will be  
          removed from the bill.

                                CHANGES TO EXISTING LAW
           
           1.Existing law  provides that all supervised visitation  
            requirements of the Uniform Standards of Practice for  
            Providers of Supervised Visitation set forth in Section 26.2  
            of the Standards of Judicial Administration. (Fam. Code Sec.  
            3202.)

             This bill  would provide a technical correction to provide that  
            supervised visitation requirements are set forth in Standard  
            5.20 of the Standards of Judicial Administration. 

                                                                (more)



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           2.Existing law  provides that, within 30 days after knowledge of  
            the death of the testator, the person having custody of the  
            testator's will must deliver the will to the clerk of the  
            superior court of the county in which the decedent's estate  
            may be administered and mail a copy of the will to the person  
            named in the will as executor. (Prob. Code Sec. 8200(a).)

             
            Existing law  requires the person filing the will with the  
            clerk of the superior court to pay a filing fee, and, if an  
            estate is commenced for the dependent named in the will, the  
            filing fee shall be reimbursable from the estate as an expense  
            of administration.  (Prob. Code Sec. 8200(d).)

             This bill  would provide a technical correction to provide for  
            fee reimbursement when an estate is commenced on behalf of a  
            "decedent," not a "dependent."

                                        COMMENT
           
          1.    Technical correction regarding the Standards of Judicial  
          Administration


           Under existing law, the Judicial Council recommends Standards of  
          Judicial Administration, and periodically updates these  
          standards.  Family Code Section 3202, subdivision (a) currently  
          reads as follows: "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 Section 26.2 of the  
          Standards of Judicial Administration as amended."   However,  
          Section 26.2 was renumbered as Standard 5.20 effective January  
          1, 2007. (See < http://www.courts.  
          ca.gov/documents/standards_of_judicial_ administration. pdf>.)
           
          Accordingly, this bill would instead provide that Family Code  
          Section 3202, subdivision (a), be revised to read as follows:   
          "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 Standard 5.20 of the Standards of  
          Judicial Administration as amended."

          2.  Technical correction regarding court fees for filing  
            decedent's will
                                                                      



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           Existing law requires a person having custody of a testator's  
          will to deliver the will to the appropriate superior court clerk  
          within 30 days of the death of the testator.  (Prob. Code Sec.  
          8200(a).)  Existing law authorizes a person filing a will on  
          behalf of the dependent to be reimbursed from the estate.   
          (Prob. Code Sec. 8200(d).)  This bill would instead authorize a  
          person filing a will on behalf of the decedent to be reimbursed  
          from the estate.  By replacing "dependent" with "decedent," this  
          bill would make a technical correction to fix an error that was  
          contained in last year's judicial  branch budget trailer bill,  
          SB 1021 (Sen. Committee on Budget and Fiscal Review, Ch. 41,  
          Stats. 2012).  

           Support  :  None Known

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Judicial Council of California; an individual 

           Related Pending Legislation  : None Known 

           Prior Legislation  :  See Comment 2. 


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