BILL ANALYSIS
AB 355
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 355 (Ammiano) - As Amended: April 30, 2009
Policy Committee:
JudiciaryVote:10-0 (Consent)
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Authorizes the personal representative of a decedent who died
while a resident of another state to collect or receive
personal property, but not real property, valued in excess of
$100,000 belonging to the decedent and located in California,
by means of an affidavit filed under a specified procedure and
under penalty of perjury.
2)Requires, at least 120 days prior to filing the affidavit,
that the affiant:
a) Have published in a local newspaper of general
circulation, a Notice to Creditors of the decedent's death
that is substantially similar to the notice currently
required in the Probate Code.
b) Provide notice of the decedent's death to the Director
of Health Care Services, the Director of the California
Victims Compensation and Restitution Board, and the
Franchise Tax Board.
3)Requires affiants to declare they have made a diligent search
and affirm their belief that the decedent did not own real
property in California.
FISCAL EFFECT
Minor absorbable costs to the courts for administering the new
procedure, potentially more than offset by savings to the courts
AB 355
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from a reduction in formal probate proceedings.
COMMENTS
Purpose . According to the sponsor, the Trusts and Estates
Section of the State Bar, this bill is intended to simplify and
reduce the cost of at-death administration of personal property
located in California when the owner dies a resident of another
state. Currently such circumstances require formal probate
proceedings, which the sponsor indicates are costly and time
consuming, thus presenting a significant burden on the estate
and its beneficiaries.
AB 355 allows a sister state personal representative to collect
any amount of personal property, except real estate, belonging
to a decedent and located in California. (Current law already
allows simplified affidavit procedures for property under
$100,000.)
The recent amendments are described in #2 and #3 of the summary
above, and address concerns expressed by the California
Association of Public Administrators, Public Guardians, and
Public Conservators.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081