BILL NUMBER: AB 1165	CHAPTERED
	BILL TEXT

	CHAPTER   63
	FILED WITH SECRETARY OF STATE   JULY 14, 1997
	APPROVED BY GOVERNOR   JULY 14, 1997
	PASSED THE ASSEMBLY   JUNE 30, 1997
	PASSED THE SENATE   JUNE 26, 1997
	AMENDED IN SENATE   JUNE 19, 1997

INTRODUCED BY  Assembly Member Richter

                        FEBRUARY 28, 1997

   An act to amend Section 7660 of the Probate Code, relating to
probate.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1165, Richter.  Probate:  summary disposition.
   Existing law provides for the summary disposition of small
estates, as specified.  Existing law authorizes a public
administrator who takes possession or control of, or is appointed
personal representative of, an estate pursuant to these provisions,
to summarily dispose of the estate in specified circumstances.
   This bill would require petitions filed pursuant to these
provisions of existing law to contain specified information regarding
the decedent and his or her estate.
   This bill would incorporate changes made to Section 7660 of the
Probate Code proposed by SB 696, to be operative only if SB 696 and
this bill are both chaptered and become effective January 1, 1998,
and this bill is chaptered last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7660 of the Probate Code is amended to read:
   7660.  (a) If a public administrator takes possession or control
of, or is appointed personal representative of, an estate pursuant to
this chapter, the public administrator may summarily dispose of the
estate in the manner provided in this article in either of the
following circumstances:
   (1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100.  The authority
provided by this paragraph may be exercised only upon order of the
court.  The order may be made upon ex parte application.  The fee to
be allowed to the clerk for the filing of the application shall be
set by the court.
   (2) The total value of the property in the decedent's estate does
not exceed ten thousand dollars ($10,000).  The authority provided by
this paragraph may be exercised without court authorization.
   (b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
   (c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
   (d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
  SEC. 1.5.  Section 7660 of the Probate Code is amended to read:
   7660.  (a) If a public administrator takes possession or control
of, or is appointed personal representative of, an estate pursuant to
this chapter, the public administrator may summarily dispose of the
estate in the manner provided in this article in either of the
following circumstances:
   (1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100.  The authority
provided by this paragraph may be exercised only upon order of the
court.  The order may be made upon ex parte application.  The fee to
be allowed to the clerk for the filing of the application shall be
set by the court.
   (2) The total value of the property in the decedent's estate does
not exceed  twenty thousand dollars ($20,000).  The authority
provided by this paragraph may be exercised without court
authorization.
   (b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
   (c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
   (d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 7660 of the Probate Code proposed by both this bill and SB
696.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1998, (2) each bill
amends Section 7660 of the Probate Code, and (3) this bill is enacted
after SB 696, in which case Section 2 of this bill shall not become
operative.