AB 2080, as introduced, Gallagher. Probate of wills: death certificates.
Existing law requires the custodian of a will to, within 30 days after having knowledge of the death of the testator, or upon a petition for probate of the will being filed earlier, deliver the will to the clerk of the superior court of the county in which the estate is administered and mail a copy of the will to the executor or as otherwise specified. Existing law requires the clerk of the court to release a copy of a will delivered under those provisions for attachment to a petition for probate of the will or 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.
This bill would additionally require the release of the copy of the will upon the payment of the required fee and receipt of an informational certified copy of a death certificate, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8200 of the Probate Code is amended to
2read:
(a) Unless a petition for probate of the will is earlier
4filed, the custodian of a will shall, within 30 days after having
5knowledge of the death of the testator, do both of the following:
6(1) Deliver the will to the clerk of the superior court of the
7county in which the estate of the decedent may be administered.
8(2) Mail a copy of the will to the person named in the will as
9executor, if the person’s whereabouts is known to the custodian,
10or if not, to a person named in the will as a beneficiary, if the
11person’s whereabouts is known to the custodian.
12(b) A custodian of a will who fails to comply with the
13requirements of this section shall
be liable for all damages sustained
14by any person injured by the failure.
15(c) The clerk shall release a copy of a will delivered under this
16section for attachment to a petition for probate of the will or
17otherwise on receipt of payment of the required fee and either a
18court order for production of the will or a certified copy of a death
19certificate of the decedent.begin insert For purposes of this subdivision,
20“certified copy of a death certificate” shall include an
21informational certified copy, as described in Section 103526 of
22the Health and Safety Code.end insert
23(d) The fee for delivering a will to the clerk of the superior court
24pursuant to paragraph (1) of subdivision (a) shall be as provided
25in Section 70626 of the Government Code. If an estate is
26commenced for the decedent named in the
will, the fee for any
27will delivered pursuant to paragraph (1) of subdivision (a) shall
28be reimbursable from the estate as an expense of administration.
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