BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 491|
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                                    CONSENT


          Bill No:  SB 491
          Author:   Evans (D)
          Amended:  3/25/11
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 4/26/11
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno


           SUBJECT  :    Civil procedure:  probate of wills

           SOURCE  :     Author


           DIGEST  :    This bill clarifies that the provisions that 
          authorize a court clerk to issue a summons are applicable 
          when a person files an objection to the probate of a will 
          in contested will cases.

           ANALYSIS  :    Existing law provides that when a will is 
          contested, as specified, the contestant shall file with the 
          court an objection to probate of the will.  Thereafter, a 
          summons shall be issued and served, with a copy of the 
          objection, on the persons required to be served with the 
          notice of hearing of a petition for administration of the 
          decedent's estate.  (Probate Code Section 8250.)

          Existing law requires the above summons to be both issued 
          and served as provided in the chapter of the Code of Civil 
          Procedure relating to service of summons.  (Probate Code 
          Section 8250; Code of Civil Procedure Section 413.10 et 
          seq.)  
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          Existing law, not referenced by the above sections, 
          provides for the issuance of a summons pursuant to 
          specified criteria contained in a chapter of the Code of 
          Civil Procedure relating generally to summons.  (Code of 
          Civil Procedure Section 412.10 et seq.) 

          This bill clarifies that the summons relating to objection 
          to the probate of a will must be issued as provided in the 
          chapter of the Code of Civil Procedure generally relating 
          to summons.  

           Comments
           
          According to the author's office, this bill conform "the 
          statute to the legislature's stated intent that the Code of 
          Civil Procedure's provisions concerning both the issuance 
          and service of summons is applicable to will contests and 
          to revocation of probate proceedings."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No


          RJG:do  4/28/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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