BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2683|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 2683
Author: Assembly Judiciary Committee
Amended: 4/23/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 7/3/12
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 76-0, 5/14/12 (Consent) - See last page
for vote
SUBJECT : Probate matters: guardianships: estates
SOURCE : Judicial Council of California
DIGEST : This bill corrects a cross-reference relating to
inter-court communications regarding guardianship venue.
This bill also conforms creditor notices contained in a
notice of hearing on a petition to administer a decedents
estate and the notice of administration of the estate to
the statutory estate creditor claim period.
NOTE: This bill is the Assembly Judiciary Committee'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.
CONTINUED
AB 2683
Page
2
ANALYSIS : 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. (Probate Code (PROB) Section
2204(b))
Existing law, the Uniform Child Custody Jurisdiction and
Enforcement Act (UCCJEA), provides statutory communication
requirements between courts in different states. (Family
Code Section 3410)
This bill corrects an incorrect cross-reference and
provides that the communication requirements established
under the UCCJEA apply to communications between a
guardianship court and a custody or visitation court.
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 Section 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 Section 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
PROB Section 9100 and that the time for filing claims will
not expire before four months from the date of the hearing.
(PROB Section 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
Section 9050)
Existing law requires the notice of administration of the
CONTINUED
AB 2683
Page
3
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 PROB Section 9100. (PROB
Section 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:
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 Section
9100(a))
This bill clarifies 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/6/12)
Judicial Council of California (source)
ASSEMBLY FLOOR : 76-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
CONTINUED
AB 2683
Page
4
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
RJG:m 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED