BILL NUMBER: SB 893	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        JANUARY 25, 2010

   An act to amend Section 8121 of the Probate Code, relating to
decedent's estates.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 893, as introduced, Harman. Decedent's estates: publication of
notice of hearing.
   Existing law provides that prior to the hearing of a petition for
administration of a decedent's estate, the petitioner is required to
serve notice of the hearing on each heir of the decedent or executor
named in the will, as specified. Under existing law, that notice of
hearing is also required to be published in a newspaper of general
circulation prior to the hearing, as specified.
   This bill would make a technical, nonsubstantive change to that
provision.
   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 8121 of the Probate Code is amended to read:
   8121.  (a) The first publication date of the notice shall be at
least 15 days before the hearing. Three publications in a newspaper
published once  a   per  week or more
often, with at least five days intervening between the first and last
publication dates, not counting the publication dates, are
sufficient.
   (b) Notice shall be published in a newspaper of general
circulation in the city where the decedent resided at the time of
death, or where the decedent's property is located if the court has
jurisdiction under Section 7052. If there is no such newspaper, or if
the decedent did not reside in a city, or if the property is not
located in a city, then notice shall be published in a newspaper of
general circulation in the county which is circulated within the area
of the county in which the decedent resided or the property is
located. If there is no such newspaper, notice shall be published in
a newspaper of general circulation published in this state nearest to
the county seat of the county in which the decedent resided or the
property is located, and which is circulated within the area of the
county in which the decedent resided or the property is located.
   (c) For purposes of this section, "city" means a charter city as
defined in Section 34101 of the Government Code or a general law city
as defined in Section 34102 of the Government Code.