AB 2166, as introduced, Bonta. Decedents’ estates: administration: custodians of wills.
Existing law requires the custodian of a will, within 30 days after having knowledge of the death of the testator, unless a petition for probate of the will is earlier filed, to deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered and to mail a copy of the will to the executor or a beneficiary, as specified. Existing law imposes a fee for delivering a will to the clerk of the superior court and requires reimbursement of this fee from the estate if an estate is commenced for the decedent named in the will.
This bill would revise the above-described delivery provisions to require the original custodian of a will to either deliver the will to a named executor or beneficiary, as specified, or deliver the will to the clerk and mail a copy to the executor or beneficiary. The bill would require the named executor or beneficiary who receives a will from the original custodian with a specified notification to, within 30 days of receipt, deliver the will to the clerk and, if the recipient of the will is a beneficiary, mail a copy of the will to the named executor, if the whereabouts of the executor is known.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8200 of the Probate Code is amended to
2read:
(a) Unless a petition for probate of the will is earlier
4filed, thebegin insert originalend insert custodian of a will shall, within 30 days after
5having knowledge of the death of the testator, dobegin delete bothend deletebegin insert eitherend insert of
6the following:
7(1) Deliver the will to the person named in the will as executor
8if this person’s whereabouts is known to the original custodian
9or, if not known, to the person named in the will as a
beneficiary,
10if this person’s whereabouts is known to the original custodian.
11This delivery shall be made either by personal service with proof
12of service or by mail with return receipt. When delivery is made,
13the will shall have attached to it the following notification in not
14less than 10-point boldfaced font or a reasonable equivalent
15thereof:
17“As the successor custodian of the decedent’s will, you have a
18duty pursuant to Section 8200 of the Probate Code to deliver the
19will within 30 days of receipt to the superior court of the county
20in which the estate of the decedent may be administered.
21Additionally, if you are not the person named in the will as
22executor, but know the whereabouts of the person who is named
23in the will as executor, you are required to mail a copy of the will
24to the person named as executor.”
26(2) If for any reason the original custodian has not delivered
27the will to either the person named in the will as executor or as a
28beneficiary or the delivery did not comply with paragraph (1), the
29original custodian shall do both of the following:
30(1)
end delete
31begin insert(A)end insert Deliver the will to the clerk of the superior court of the
32county in which the estate of the decedent may be administered.
33(2)
end delete
34begin insert(B)end insert Mail a copy of the will to the person named in the will as
35executor, if the person’s whereabouts is known to the custodian,
P3 1or if not, to a person named in the will as a beneficiary, if the
2person’s whereabouts is known to the custodian.
3(b) Unless the petition for probate of the will is earlier filed,
4the successor custodian of a will who is named in the will as an
5executor or beneficiary and who received the will with the
6notification described in subdivision (a) attached shall, within 30
7days of receipt of the will from the original custodian, deliver the
8will to the clerk of the superior court of the county in which the
9estate of the decedent may be administered and, if the successor
10
custodian is a beneficiary, mail a copy of the will to the person
11named in the will as executor, if the person’s whereabouts is known
12to this custodian.
13(b)
end delete
14begin insert(c)end insert A custodian of a willbegin insert, including an executor or beneficiary
15who is in receipt of a will with the notification described in
16subdivision (a) attached,end insert who fails to comply with the requirements
17of this section shall be liable for all damages sustained by any
18person injured by the failure.
19(c)
end delete
20begin insert(d)end insert The clerk shall release a copy of a will delivered under this
21section for attachment to a petition for probate of the will or
22otherwise on receipt of payment of the required fee and either a
23court order for production of the will or a certified copy of a death
24certificate of the decedent.
25(d)
end delete
26begin insert(e)end insert The fee for delivering a will to the clerk of the superior court
27pursuant tobegin delete paragraph (1) ofend delete subdivision (a)begin insert
or (b)end insert shall be as
28provided in Section 70626 of the Government Code. If an estate
29is commenced for the decedent named in the will, the fee for any
30will delivered pursuant tobegin delete paragraph (1) ofend delete
subdivision (a)begin insert or (b)end insert
31 shall be reimbursable from the estate as an expense of
32administration.
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