Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1520

Introduced by Assembly Member Gatto

January 16, 2014

An act to amend Section begin delete 5003 end delete begin insert 1003 end insert of the Probate Code, relating to begin delete nonprobate transfers end delete begin insert guardians ad litem end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1520, as amended, Gatto. begin delete Nonprobate transfers. end delete begin insert Guardians ad litem. end insert

Existing law begin delete excepts from probate the transfer on death of various property interests. Existing law permits a holder of this type of property to transfer the property in compliance with a provision for a nonprobate transfer on death that satisfies the terms of the instrument, whether or not the transfer is consistent with the beneficial ownership of the property, as specified end delete begin insert authorizes a court to appoint a guardian ad litem at any stage of a proceeding under the Probate Code to represent the interest of specified persons, if the court determines that representation of the interest otherwise would be inadequate end insert .

This bill would begin delete make nonsubstantive changes to these provisions end delete begin insert authorize a court to appoint a guardian ad litem at any state of a proceeding under the Probate Code to represent the interest of a nonhuman animal who is either an estate asset or part of a trust res, if the court makes the same determination end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1003 of the end insert begin insert Probate Code end insert begin insert is amended to
read: end insert

1003.  

(a)  begin insert (1) end insert  The court may, on its own motion or on request
of a personal representative, guardian, conservator, trustee, or other
interested person, appoint a guardian ad litem at any stage of a
proceeding under this code to represent the interest of any of the
following persons, if the court determines that representation of
the interest otherwise would be inadequate:

begin delete

(1)

end delete

begin insert (A) end insert  A minor.

begin delete

(2)

end delete

begin insert (B) end insert  An incapacitated person.

begin delete

(3)

end delete

begin insert (C) end insert  An unborn person.

begin delete

(4)

end delete

begin insert (D) end insert  An unascertained person.

begin delete

(5)

end delete

begin insert (E) end insert  A person whose identity or address is unknown.

begin delete

(6)

end delete

begin insert (F) end insert  A designated class of persons who are not ascertained or
are not in being.

begin insert

(2) The court may, on its own motion or on request of a personal
representative, guardian, conservator, trustee, or other interested
person, appoint a guardian ad litem at any stage of a proceeding
under this code to represent the interest of a nonhuman animal
who is either an estate asset or part of a trust res, if the court
determines that representation of the interest otherwise would be
inadequate.

end insert

(b) If not precluded by a conflict of interest, a guardian ad litem
may be appointed to represent several persons or interests.

(c) The reasonable expenses of the guardian ad litem, including
compensation and attorney’s fees, shall be determined by the court
and paid as the court orders, either out of the property of the estate
involved or by the petitioner or from begin delete such other end delete begin insert another end insert source as
the court orders.

begin delete

SECTION 1.  

Section 5003 of the Probate Code is amended to
read:

5003.  

(a) A holder of property under an instrument of a type
described in Section 5000 may transfer the property in compliance
with a provision for a nonprobate transfer on death that satisfies
the terms of the instrument, whether or not the transfer is consistent
with the beneficial ownership of the property as between the person
who executed the provision for transfer of the property and other
persons having an interest in the property or their successors, and
whether or not the transfer is consistent with the rights of the person
named as beneficiary.

(b) Except as provided in this subdivision, notice or other
information shown to have been available to the holder of the
property does not affect the right of the holder to the protection
provided by subdivision (a). The protection provided by
subdivision (a) does not extend to a transfer made after either of
the following events:

(1) The holder of the property has been served with a contrary
court order.

(2) The holder of the property has been served with a written
notice of a person claiming an adverse interest in the property.
However, this paragraph does not apply to a pension plan to the
extent the transfer is a periodic payment pursuant to the plan.

(c) The protection provided by this section does not affect the
rights of the person who executed the provision for transfer of the
property and other persons having an interest in the property or
their successors in disputes among themselves concerning the
beneficial ownership of the property.

(d) The protection provided by this section is not exclusive of
any protection provided the holder of the property by any other
provision of law.

(e) A person shall not serve notice under paragraph (2) of
subdivision (b) in bad faith. If the court in an action or proceeding
relating to the rights of the parties determines that a person has
served notice under paragraph (2) of subdivision (b) in bad faith,
the court shall award against the person the cost of the action or
proceeding, including a reasonable attorney’s fee, and the damages
caused by the service.

end delete