BILL NUMBER: AB 1163	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 27, 2009

   An act to amend Section 11640 of the Probate Code, relating to
decedents' estates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1163, as introduced, Tran. Decedent's estates.
   Existing law provides for the administration of the estates of
decedents. Existing law requires that when all the debts of an estate
have been paid, or when the estate is insolvent, and the estate is
ready to be closed, the personal representative file a petition for
an order for final distribution of the estate.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11640 of the Probate Code is amended to read:
   11640.  (a) When all debts have been paid or adequately provided
for, or if the estate is insolvent, and the estate is in a condition
to be closed, the personal representative shall file a petition for,
and the court shall make, an order for final distribution of the
estate.
   (b) The court shall hear and determine and resolve in the order
all questions arising under Section  21135 (ademption by
satisfaction)   21135, regarding ademption by
satisfaction,  or Section  6409 (advancements) 
 6409, regarding advancements  .
   (c) If debts remain unpaid or not adequately provided for or if,
for other reasons, the estate is not in a condition to be closed, the
administration may continue for a reasonable time, subject to
Chapter 1 (commencing with Section 12200) of Part 11  (time
for closing estate)  .