BILL NUMBER: SB 1487	CHAPTERED
	BILL TEXT

	CHAPTER   103
	FILED WITH SECRETARY OF STATE   JULY 6, 1998
	APPROVED BY GOVERNOR   JULY 3, 1998
	PASSED THE ASSEMBLY   JUNE 18, 1998
	PASSED THE SENATE   APRIL 2, 1998
	AMENDED IN SENATE   MARCH 24, 1998

INTRODUCED BY   Senator Rainey

                        FEBRUARY 4, 1998

   An act to amend Sections 2628, 2942, and 7666 of the Probate Code,
relating to estates.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1487, Rainey.  Guardians, conservators, and administrators:
accounting and compensation.
   Existing law requires guardians and conservators to periodically
present to the court an account relating to the assets of the estate;
however, the court may make an order waiving this obligation if,
among other things, the value of the estate property is less than
$5,000 and the estate's income during the relevant period is less
than $750.
   This bill would authorize the court to waive the account
obligation if the value of the estate property is less than $7,500
and the estate's income during the relevant period is less than
$1,000.
   Existing law provides that public administrators are entitled to a
minimum compensation of $600.
   This bill would increase the minimum compensation of public
administrators to $750.


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


  SECTION 1.  Section 2628 of the Probate Code is amended to read:
   2628.  (a) As used in this section, "public benefit payments"
means payments received or to be received under either or both of the
following:
   (1) Part 3 (commencing with Section 11000) of, Part 4 (commencing
with Section 16000) of, or Part 5 (commencing with Section 17000) of,
Division 9 of the Welfare and Institutions Code.
   (2) Subchapter II (commencing with Section 401) of, or Part A of
Subchapter XVI (commencing with Section 1382) of, Chapter 7 of Title
42 of the United States Code.
   (b) The court may make an order that the guardian or conservator
need not present the accounts otherwise required by this chapter so
long as all of the following conditions are satisfied:
   (1) The estate at the beginning and end of the accounting period
for which an account is otherwise required consisted of property,
exclusive of the residence of the ward or conservatee, of a total net
value of less than seven thousand five hundred dollars ($7,500).
   (2) The income of the estate for each month of the accounting
period, exclusive of public benefit payments, was less than one
thousand dollars ($1,000).
   (3) All income of the estate during the accounting period, if not
retained, was spent for the benefit of the ward or conservatee.
   (c) Notwithstanding that the court has made an order under
subdivision (b), the ward or conservatee or any interested person may
petition the court for an order requiring the guardian or
conservator to present an account as otherwise required by this
chapter or the court on its own motion may make that an order.  An
order under this subdivision may be made ex parte or on such notice
of hearing as the court in its discretion requires.
   (d) For any accounting period during which all of the conditions
of subdivision (b) are not satisfied, the guardian or conservator
shall present the account as otherwise required by this chapter.
  SEC. 2.  Section 2942 of the Probate Code is amended to read:
   2942.  The public guardian shall be paid from the estate of the
ward or conservatee for all of the following:
   (a) Reasonable expenses incurred in the execution of the
guardianship or conservatorship.
   (b) Compensation for services of the public guardian and the
attorney of the public guardian, and for the filing and processing
services of the county clerk or the clerk of the superior court, in
the amount the court determines is just and reasonable.
   (c)  An annual bond fee in the amount of twenty-five dollars ($25)
plus one-fourth of 1 percent of the amount of an estate greater than
ten thousand dollars ($10,000).  The amount charged shall be
deposited in the county treasury.  This subdivision does not apply if
the ward or conservatee is eligible for Social Security Supplemental
Income benefits.
  SEC. 3.  Section 7666 of the Probate Code is amended to read:
   7666.  (a) Except as provided in Section 7623 and in subdivision
(b), the compensation payable to the public administrator and the
attorney, if any, for the public administrator for the filing of an
application pursuant to this article and for performance of any duty
or service connected therewith is that set out in Part 7 (commencing
with Section 10800).
   (b) The public administrator is entitled to a minimum compensation
of seven hundred fifty dollars ($750).