BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 826|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                       CONSENT


          Bill No:  SB 826
          Author:   Senate Judiciary Committee
          Amended:  4/29/13
          Vote:     21


           SENATE JUDICIARY COMMITTEE  :  6-0, 5/7/13
          AYES:  Evans, Anderson, Corbett, Jackson, Leno, Monning
          NO VOTE RECORDED:  Walters


           SUBJECT  :    Civil law:  omnibus bill

           SOURCE  :     Judicial Council of California


           DIGEST  :    This bill corrects an error in the Probate Code by  
          replacing a reference to a "dependent" with "decedent;" it also  
          updates an incorrect reference to a particular section of the  
          Standards of Judicial Administration in the Family Code.

           ANALYSIS  :    

          Existing law:

          1.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)

          2.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  
                                                                CONTINUED





                                                                     SB 826
                                                                     Page  
          2

            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))

          3.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:

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

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

           Background
           
          SB 826 is the Senate Committee on Judiciary's omnibus bill.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  5/8/13)

          Judicial Council of California (source)


          AL:ej  5/9/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****