BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2080


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          Date of Hearing:  April 6, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2080 (Gallagher) - As Introduced February 17, 2016


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          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


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          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


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          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