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.