AB 548, as introduced, Cristina Garcia. Estates: administrators.
Under existing law, when an individual dies intestate, a court is authorized to appoint certain specified persons to act as that individual’s personal representative and to administer the individual’s estate. Further, existing law prescribes an order of preference for appointment among those persons. Existing law authorizes the court to appoint an administrator who is nominated by a person who is not a United States resident if the nominator would otherwise be entitled to appointment as an administrator of the decedent’s estate, after meeting specified conditions. Under existing law, the provisions on administrators who are nominated by a person who is not a United States resident are to be repealed on January 1, 2016.
This bill would delete the January 1, 2016 date of repeal, and thereby extend indefinitely the authorization of the court to appoint an administrator who is nominated by a person who is not a United States resident.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8465 of the Probate Code, as amended
2by Section 1 of Chapter 635 of the Statutes of 2012, is amended
3to read:
(a) The court may appoint as administrator a person
5nominated by any of the following persons:
6(1) A person otherwise entitled to appointment.
7(2) A person who would otherwise be entitled for appointment
8but who is ineligible for appointment under paragraph (4) of
9subdivision (a) of Section 8402 because he or she is not a resident
10of the United States.
11(3) The guardian or conservator of the estate of a person
12otherwise entitled to appointment. The nomination shall be made
13in writing and filed with the court.
14(b) If a person making a nomination for appointment of an
15
administrator is the surviving spouse or domestic partner, child,
16grandchild, other issue, parent, brother or sister, or grandparent of
17the decedent, the nominee has priority next after those in the class
18of the person making the nomination.
19(c) If a person making a nomination for appointment of an
20administrator is other than a person described in subdivision (b),
21the court in its discretion may appoint either the nominee or a
22person of a class lower in priority to that of the person making the
23nomination, but other persons of the class of the person making
24the nomination have priority over the nominee.
25(d) If a person making a nomination for appointment of an
26administrator is a person described in paragraph (2) of subdivision
27(a), the court shall not appoint a nominee who is not a California
28resident to act as administrator. For California residents nominated
29under paragraph (2)
of subdivision (a), the court shall consider
30whether the nominee is capable of faithfully executing the duties
31of the office. The court may in its discretion deny the appointment
32and appoint another person. In determining whether to appoint the
33nominee, the factors the court may consider include, but are not
34limited to, the following:
35(1) Whether the nominee has a conflict of interest with the heirs
36or any other interested party.
37(2) Whether the nominee had a business or personal relationship
38with the decedent or decedent’s family before the decedent’s death.
P3 1(3) Whether the nominee is engaged in or acting on behalf of
2an individual, a business, or other entity that solicits heirs to obtain
3the person’s nomination for appointment as administrator.
4(4) Whether the nominee has been appointed as a personal
5representative in any other estate.
6(e) If the court decides to appoint a nominee under the
7circumstances described in subdivision (d), the court shall require
8the nominee to obtain bond, unless the court orders otherwise for
9good cause. Any order for good cause must be supported by
10specific findings of fact, and shall consider the need for the
11protection of creditors, heirs, and any other interested parties.
12Before waiving a bond, the court shall consider all other
13alternatives, including, but not limited to, the deposit of property
14in the estate pursuant to Chapter 3 (commencing with Section
159700) of Part 5 on the condition that the property, including any
16earnings thereon, will not be withdrawn except on authorization
17of the court. The waiver of all of the heirs of the requirement of a
18bond shall not constitute good cause.
19(f) If the appointed nominee ceases to be a California resident
20following his or her appointment, he or she shall be deemed to
21have resigned as administrator for the purposes of Article 7
22(commencing with Section 8520). The court shall not lose
23jurisdiction of the proceeding by any resignation under this
24subdivision.
25(g) By accepting appointment as personal representative, the
26nominee shall submit personally to the jurisdiction of the court.
27(h) This section shall remain in effect only until January 1, 2016,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2016, deletes or extends that date.
Section 8465 of the Probate Code, as added by Section
312 of Chapter 635 of the Statutes of 2012, is repealed.
(a) The court may appoint as administrator a person
33nominated by a person otherwise entitled to appointment or by the
34guardian or conservator of the estate of a person otherwise entitled
35to appointment. The nomination shall be made in writing and filed
36with the court.
37(b) If a person making a nomination for appointment of an
38administrator is the surviving spouse or domestic partner, child,
39grandchild, other issue, parent, brother or sister, or grandparent of
P4 1the decedent, the nominee has priority next after those in the class
2of the person making the nomination.
3(c) If a person making a
nomination for appointment of an
4administrator is other than a person described in subdivision (b),
5the court in its discretion may appoint either the nominee or a
6person of a class lower in priority to that of the person making the
7nomination, but other persons of the class of the person making
8the nomination have priority over the nominee.
9(d) This section shall become operative on January 1, 2016.
O
99