BILL ANALYSIS Ó AB 2080 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2080 (Gallagher) - As Introduced February 17, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires a court clerk to also release a will placed with the probate court to a person who pays the required fee and provides an "informational" certified copy of the death certificate. AB 2080 Page 2 FISCAL EFFECT: Any costs to the courts to provide a copies of wills to additional parties will be covered by the required fee. COMMENTS: Background/Purpose. Current law is ambiguous as to whether a court must release to the public a copy of a will lodged with that court. A holder of a will is required to submit it to the probate court after learning of the testator's death, but that will is only lodged with the court and not part of the public record. An individual may request a copy of the will by paying a fee and either (1) obtaining a court order for its release, which requires an additional court proceeding, as well as an expensive filing fee; or (2) presenting to the court a certified copy of a death certificate. However, there are two types of certified death certificates, which creates ambiguity about which certified copy of the death certificate is required. These two classes of death certificates are known as a "certified copy" (also known as "authorized copy") and an "informational certified copy." The "authorized copy" is only available to an "authorized person," defined to include close family members, attorneys and law enforcement, whereas the "informational certified copy" is available "in all other circumstances." That is, anyone who cannot otherwise qualify as an "authorized person" is automatically eligible to obtain a copy of an "informational certified copy." AB 2080, sponsored by the Trusts and Estates Section of the State Bar, removes the above ambiguity and permits anyone with a certified copy of the death certificate - whether a regular certified copy or an "informational" certified copy - to obtain AB 2080 Page 3 a copy of the will. The sponsor notes that making the will accessible to anyone willing to pay the fee and provide an informational copy of the death certificate is good policy because the law should not hinder family members, friends and other potential beneficiaries from confirming a beneficial interest. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081