BILL ANALYSIS �
SB 826
Page 1
Date of Hearing: June 18, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 826 (Committee on Judiciary) - As Amended: April 29, 2013
PROPOSED CONSENT
SENATE VOTE : 37-0
SUBJECT : CIVIL LAW: OMNIBUS BILL
KEY ISSUE : SHOULD TWO NON-CONTROVERSIAL TECHNICAL CORRECTIONS
BE MADE TO THE PROBATE AND FAMILY CODES?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial committee bill is the Senate Judiciary
Committee's civil law omnibus bill. In order to be included in
the bill, each provision must be non-controversial and not so
substantive as to be more appropriate for a stand-alone bill.
This year's omnibus bill enacts technical corrections to
sections of the Family and Probate Codes. The bill is supported
by the Judicial Council and has no known opposition.
SUMMARY : Makes technical corrections to sections of the Family
and Probate Codes. Specifically, this bill :
1)Clarifies that supervised visitation requirements are set
forth in Standard 5.20 of the Standards of Judicial
Administration.
2)Makes a technical correction to provide for fee reimbursement
when an estate is commenced on behalf of a "decedent," not a
"dependent."
EXISTING LAW :
1)Provides that all supervised visitation and exchange programs
funded pursuant to Chapter 13 of Part 2 of Division 8 of the
Family Code shall comply with all requirements of the Uniform
Standards of Practice for Providers of Supervised Visitation
SB 826
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as set forth in Section 26.2 of the Standards of Judicial
Administration as amended. (Family Code Section 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
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. (Probate Code Section 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" (emphasis added) named in the
will, the filing fee shall be reimbursable from the estate as
an expense of administration. (Probate Code Section 8200(d).)
COMMENTS : This non-controversial committee bill is the Senate
Judiciary Committee's annual civil law omnibus bill. In order
to be included in the bill, each provision must be
non-controversial and not so substantive as to be more
appropriate for a stand-alone bill.
Technical correction to Family Code Section 3202. 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,
effective January 1, 2007, Section 26.2 was renumbered as
Standard 5.20, but no corresponding change was made to this
reference in statute. (See
http://www.courts.ca.gov/documents/standards_of_judicial_
administration.pdf)
Accordingly, this bill would instead include the appropriate
cross reference to Standard 5.20 in subdivision (a) of Family
Code Section 3202.
Technical correction to Probate Code Section 82000. 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.
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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). Emphasis added.)
This bill would correct the mistaken use of the term
"dependent", and 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 corrects an
error that was contained in last year's judicial branch budget
trailer bill, SB 1021 (Ch. 41, Stats. 2012).
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334