BILL NUMBER: AB 2047	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Member Steinberg
    (Coauthors:  Assembly Members Aroner, Firebaugh, Keeley,
Kuehl, Mazzoni, and Romero) 
    (Coauthors:  Senators Speier and Vasconcellos) 

                        FEBRUARY 18, 2000

   An act to amend Section 299.5 of the Family Code, and to amend
Sections 6401  and 6402   , 6402, 8461, 8462,
8463, and 8465  of, and to add Section 37 to, the Probate Code,
relating to intestate succession.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2047, as amended, Steinberg.  Intestate succession:  domestic
partners.
   Under the existing law of intestate succession, the surviving
spouse is entitled to a specified share of the decedent's separate
property that is not effectively disposed of by will.   Existing
law also provides that the surviving spouse is entitled to be
appointed administrator of the decedent's estate and shall be given
priority over other persons in relation to the decedent, as
specified. 
   This bill would extend  that entitlement  
these entitlements  to a decedent's domestic partner, as
defined.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 299.5 of the Family Code is amended to read:
   299.5.  (a) The obligations that two people have to each other as
a result of creating a domestic partnership are those described in
Section 297.  Registration as a domestic partner under this division
shall not be evidence of, or establish, any rights existing under law
other than those expressly provided to domestic partners in this
division , Section 1261 of the Health and Safety Code, and Section
6401 of the Probate Code.
   The provisions relating to domestic partners provided in this
division, Section 1261 of the Health and Safety Code, and Section
6401 of the Probate Code shall not diminish any right under any other
provision of law.
   (b) Upon the termination of a domestic partnership, the partners,
from that time forward, shall incur none of the obligations to each
other as domestic partners that are created by this division and
Section 1261 of the Health and Safety Code.
   (c) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not change the character of property, real or
personal, or any interest in any real or personal property owned by
either domestic partner or both of them prior to the date of filing
of the declaration.
   (d) The filing of a Declaration of Domestic Partnership pursuant
to this division shall not, in and of itself, create any interest in,
or rights to, any property, real or personal, owned by one partner
in the other partner, including, but not limited to, rights similar
to community property or quasi-community property.
   (e) Any property or interest acquired by the partners during the
domestic partnership where title is shared shall be held by the
partners in proportion of interest assigned to each partner at the
time the property or interest was acquired unless otherwise expressly
agreed in writing by both parties.  Upon termination of the domestic
partnership, this subdivision shall govern the division of any
property jointly acquired by the partners.
   (f) The formation of a domestic partnership under this division
shall not change the individual income or estate tax liability of
each domestic partner prior to and during the partnership, unless
otherwise provided under another state or federal law or regulation.

  SEC. 2.  Section 37 is added to the Probate Code, to read:
   37.  "Domestic partner" means one of two persons who have filed a
Declaration of Domestic Partnership with the Secretary of State
pursuant to Division 2.5 (commencing with Section 297) of the Family
Code, provided that the domestic partnership has not been terminated
pursuant to Section 299 of the Family Code.
  SEC. 3.  Section 6401 of the Probate Code is amended to read:
   6401.  (a) As to community property, the intestate share of the
surviving spouse is the one-half of the community property that
belongs to the decedent under Section 100.
   (b) As to quasi-community property, the intestate share of the
surviving spouse is the one-half of the quasi-community property that
belongs to the decedent under Section 101.
   (c) As to separate property, the intestate share of the surviving
spouse or domestic partner is as follows:
   (1) The entire intestate estate if the decedent did not leave any
surviving issue, parent, brother, sister, or issue of a deceased
brother or sister.
   (2) One-half of the intestate estate in the following cases:
   (A) Where the decedent leaves only one child or the issue of one
deceased child.
   (B) Where the decedent leaves no issue but leaves a parent or
parents or their issue or the issue of either of them.
   (3) One-third of the intestate estate in the following cases:
   (A) Where the decedent leaves more than one child.
   (B) Where the decedent leaves one child and the issue of one or
more deceased children.
   (C) Where the decedent leaves issue of two or more deceased
children.
  SEC. 4.  Section 6402 of the Probate Code is amended to read:
   6402.  Except as provided in Section 6402.5, the part of the
intestate estate not passing to the surviving spouse or domestic
partner under Section 6401, or the entire intestate estate if there
is no surviving spouse or domestic partner, passes as follows:
   (a) To the issue of the decedent, the issue taking equally if they
are all of the same degree of kinship to the decedent, but if of
unequal degree those of more remote degree take in the manner
provided in Section 240.
   (b) If there is no surviving issue, to the decedent's parent or
parents equally.
   (c) If there is no surviving issue or parent, to the issue of the
parents or either of them, the issue taking equally if they are all
of the same degree of kinship to the decedent, but if of unequal
degree those of more remote degree take in the manner provided in
Section 240.
   (d) If there is no surviving issue, parent or issue of a parent,
but the decedent is survived by one or more grandparents or issue of
grandparents,  to the grandparent or grandparents equally, or to the
issue of those grandparents if there is no surviving grandparent, the
issue taking equally if they are all of the same degree of kinship
to the decedent, but if of unequal degree those of more remote degree
take in the manner provided in Section 240.
   (e) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, but the  decedent is survived
by the issue of a predeceased spouse, to that issue, the issue taking
equally if they are all of the same degree of kinship to the
predeceased spouse, but if of unequal degree those of more remote
degree take in the manner provided in Section 240.
   (f) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, or issue of a predeceased
spouse, but the decedent is  survived by next of kin, to the next of
kin in equal degree, but where there are two or more collateral
kindred in equal degree who claim through different ancestors, those
who claim through the nearest ancestor are preferred to those
claiming through an ancestor more remote.
   (g) If there is no surviving next of kin of the decedent and no
surviving issue of a predeceased spouse of the decedent, but the
decedent is survived by the parents of a predeceased spouse or the
issue of those parents, to the parent or parents equally, or to the
issue of those parents if both are deceased, the issue taking equally
if they are all of the same degree of kinship to the predeceased
spouse, but if of unequal degree those of more remote degree take in
the manner provided in Section 240.   
  SEC. 5.  Section 8461 of the Probate Code is amended to read: 

   8461.  Subject to the provisions of this article, a person in the
following relation to the decedent is entitled to appointment as
administrator in the following order of priority:
   (a) Surviving spouse  or domestic partner as defined in
Section 37  .
   (b) Children.
   (c) Grandchildren.
   (d) Other issue.
   (e) Parents.
   (f) Brothers and sisters.
   (g) Issue of brothers and sisters.
   (h) Grandparents.
   (i) Issue of grandparents.
   (j) Children of a predeceased spouse.
   (k) Other issue of a predeceased spouse.
   (l) Other next of kin.
   (m) Parents of a predeceased spouse.
   (n) Issue of parents of a predeceased spouse.
   (o) Conservator or guardian of the estate acting in that capacity
at the time of death who has filed a first account and is not acting
as conservator or guardian for any other person.
   (p) Public administrator.
   (q) Creditors.
   (r) Any other person.   
  SEC. 6.  Section 8462 of the Probate Code is amended to read: 

   8462.  The surviving spouse  or domestic partner  of the
decedent, a relative of the decedent, or a relative of a predeceased
spouse  or domestic partner  of the decedent, has priority
under Section 8461 only if one of the following conditions is
satisfied:
   (a) The surviving spouse  , domestic partner,  or
relative is entitled to succeed to all or part of the estate.
   (b) The surviving spouse  , domestic partner,  or
relative either takes under the will of, or is entitled to succeed to
all or part of the estate of, another deceased person who is
entitled to succeed to all or part of the estate of the decedent.

  SEC. 7.  Section 8463 of the Probate Code is amended to read: 

   8463.   (a)  If the surviving spouse is a party to an
action for separate maintenance, annulment, or dissolution of the
marriage of the decedent and the surviving spouse, and was living
apart from the decedent on the date of the decedent's death, the
surviving spouse has priority next after brothers and sisters and not
the priority prescribed in Section 8461.  
   (b) If the decedent is survived by a domestic partner, who was
living apart from the decedent on the date of the decedent's death,
to whom the decedent sent by certified mail a written notice of
termination of the domestic partnership pursuant to paragraph (1) of
subdivision (a) of Section 299 of the Family Code, and the decedent
failed to file a Notice of Termination of Domestic Partnership with
the Secretary of State as required by subdivision (b) of Section 299
of the Family Code, the surviving domestic partner has priority next
after brothers and sisters and not the priority prescribed in Section
8461.   
  SEC. 8.  Section 8465 of the Probate Code is amended to read: 

   8465.  (a) The court may appoint as administrator a person
nominated by a person otherwise entitled to appointment or by the
guardian or conservator of the estate of a person otherwise entitled
to appointment.  The nomination shall be made in writing and filed
with the court.
   (b) If a person making a nomination for appointment of an
administrator is the surviving spouse  or domestic partner 
, child, grandchild, other issue, parent, brother or sister, or
grandparent of the decedent, the nominee has priority next after
those in the class of the person making the nomination.
   (c) If a person making a nomination for appointment of an
administrator is other than a person described in subdivision (b),
the court in its discretion may appoint either the nominee or a
person of a class lower in priority to that of the person making the
nomination, but other persons of the class of the person making the
nomination have priority over the nominee.