BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 2683 (Committee on Judiciary)
As Amended April 23, 2012
Hearing Date: July 3, 2012
Fiscal: No
Urgency: No
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SUBJECT
Probate matters: guardianships: estates
DESCRIPTION
This bill would correct a cross-reference relating to
inter-court communications regarding guardianship venue. This
bill also would conform creditor notices contained in a notice
of hearing on a petition to administer a decedent's estate and
the notice of administration of the estate to the statutory
estate creditor claim period.
BACKGROUND
AB 2683 is the Assembly Committee on Judiciary's omnibus bill.
To be considered for inclusion, each provision must be
non-controversial and not be so substantive as to be more
appropriate for a stand-alone bill. If a non-controversial
provision later becomes controversial, that provision will be
removed from the bill.
CHANGES TO EXISTING LAW
1. Existing law provides statutory communication requirements
between a court presiding over the guardianship of a minor in
one county and a court in another county presiding over the
custody or visitation proceeding of the minor. (Prob. Code
Sec. 2204(b).)
Existing law , the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), provides statutory communication
requirements between courts in different states. (Fam. Code
(more)
AB 2683 (Committee on Judiciary)
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Sec. 3410.)
This bill would correct an incorrect cross-reference and
provide that the communication requirements established under
the UCCJEA apply to communications between a guardianship
court and a custody or visitation court.
2. Existing law authorizes a person to commence proceedings
for administration of a decedent's estate by filing a petition
with the court for an order determining the date and place of
the decedent's death and for either an appointment of a
personal representative and/or probate of the decedent's will.
(Prob. Code Sec. 8000.)
Existing law requires the petitioner to serve and publish a
notice of hearing on the petition for administration of a
decedent's estate. (Prob. Code Sec. 8003.)
Existing law requires the notice of hearing to include a
notice to creditors that the creditor must file a claim with
the court and mail a copy to the personal representative
appointed by the court within four months from the date of
first issuance of letters as provided in Probate Code Section
9100 and that the time for filing claims will not expire
before four months from the date of the hearing. (Prob. Code
Sec. 8100.)
Existing law requires the personal representative to give
notice of administration of the estate to the known or
reasonably ascertainable creditors of the decedent. (Prob.
Code Sec. 9050.)
Existing law requires the notice of administration of the
estate to include a notice to creditors that, in order for a
creditor's claim against the estate to be valid, the creditor
must file a claim with the court and mail or deliver a copy to
the personal representative within the last to occur of four
months after the date letters were issued to the personal
representative), or 60 days after the date this notice was
mailed to you or, in the case of personal delivery, 60 days
after the date this notice was delivered to you, as provided
in Probate Code Section 9100. (Prob. Code Sec. 9052.)
Existing law provides that a creditor of a decedent's estate
must file a claim against the estate before the expiration of
the later of the following:
AB 2683 (Committee on Judiciary)
Page 3 of ?
four months after the date letters are first issued to a
general personal representative; or
60 days after the date notice of administration is
mailed or personally delivered to the creditor. (Prob.
Code Sec. 9100(a).)
This bill would clarify the notice to creditors contained in
the notice of hearing and notice of administration of the
estate by providing that the time for filing and serving a
creditor's claim is the later of the following:
four months after the date letters are first issued to a
general personal representative; or
60 days after the date notice of administration is
mailed or personally delivered, as specified, to the
creditor.
COMMENT
1. Notice to creditors regarding petitions to administer estates
of decedents
This bill would resolve time limit conflicts within notices to
creditors regarding the administration of a decedent's estate
and the corresponding statutory creditor claim period. Existing
law requires a person who has petitioned a court for
administration of a decedent's estate to serve a notice of
administration of the decedent's estate (NOA) and serve and
publish a notice of hearing on the petition for administration
of the decedent's estate (NOH). (Prob. Code Secs. 8003 and
9050.) Probate Code Section 9052 requires the NOA to contain a
notice to creditors that the creditor must file a claim with the
court and serve the personal representative with the last of
either four months after the date letters were issued to the
personal representative or 60 days after the date the NOA was
delivered to the creditor, as provided in Probate Code Section
9100. Probate Code Section 8100 requires the NOH to contain a
notice to creditors that the creditor must file a claim with the
court and serve the personal representative within four months
from the date of first issuance of letters as provided in
Probate Code Section 9100. (Prob. Code Sec. 8100.) Probate
Code Section 9100 provides that a creditor shall file a claim
before the expiration of the later of either four months after
the date letters are first issued to a general personal
representative or 60 days after the date the NOA is mailed or
personally delivered to the creditor.
AB 2683 (Committee on Judiciary)
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On December 13, 2011, the Policy Coordination and Liaison
Committee and the Probate and Mental Health Advisory Committee
of the Judicial Council of California submitted a report to the
Judicial Council, which identified a conflict between the
statutory creditor claim period provisions in Probate Code
Section 9100 and the creditor claim periods provided in the NOH
and the NOA. In order to resolve confusion of creditors
regarding the deadline to file a creditor's claim against a
decedent's estate, the Judicial Council, the sponsor of this
provision, resolved to propose legislation to correct the
creditor notices contained in the NOH and the NOA.
This bill would conform the NOH and NOA to the statutory
creditor claim period and require a notice to creditors, to be
provided in both the NOH and the NOA, that the creditor has the
later of: (1) four months from the date of first issuance of
letters to a general personal representative, as defined; or (2)
60 days from the date of mailing or personal delivery of the
NOA.
2. Inter-court communications relating to guardianship venue
In August 2010, the Policy Coordination and Liaison Committee
(PCLC), Probate and Mental Health Advisory Committee, and the
Family and Juvenile Law Advisory Committee of the Judicial
Council of California circulated for review proposed legislation
for determining venue in guardianship proceedings. This
proposal was subsequently enacted by the Legislature in AB 458
(Atkins, Ch. 102, Stats. 2011).
Among other things, AB 458 established inter-court communication
procedures between a court in one county presiding over a
guardianship of a minor and a court in another county presiding
over a custody or visitation proceeding of the minor. (Prob.
Code Sec. 2204.) These communication provisions contain an
incorrect cross-reference to Family Code Section 3140, the
statutory requirement to verify whether a minor child in a
custody proceeding has been declared missing. (See Prob. Code
Sec. 2204(b)(4).) This bill would correct this cross-reference
to instead refer to Family Code Section 3410 under the Uniform
Child Custody Jurisdiction and Enforcement Act (UCCJEA), which
provides statutory communication requirements between courts in
different states.
Support : None Known
AB 2683 (Committee on Judiciary)
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Opposition : None Known
HISTORY
Source : Judicial Council of California
Related Pending Legislation : None Known
Prior Legislation : AB 458 (Atkins, Ch. 102, Stats. 2011) See
Comment 1.
Prior Vote :
Assembly Floor (Ayes 76, Noes 0)
Assembly Committee on Judiciary (Ayes 10, Noes 0)
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