Bill Text: CA AB2080 | 2015-2016 | Regular Session | Introduced

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Bill Title: Probate of wills: death certificates.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2080 Detail]

Download: California-2015-AB2080-Introduced.html

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BILL NUMBER: AB 2080	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gallagher

                        FEBRUARY 17, 2016

   An act to amend Section 8200 of the Probate Code, relating to
probate.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2080, as introduced, Gallagher. Probate of wills: death
certificates.
   Existing law requires the custodian of a will to, within 30 days
after having knowledge of the death of the testator, or upon a
petition for probate of the will being filed earlier, deliver the
will to the clerk of the superior court of the county in which the
estate is administered and mail a copy of the will to the executor or
as otherwise specified. Existing law requires the clerk of the court
to release a copy of a will delivered under those provisions for
attachment to a petition for probate of the will or on receipt of
payment of the required fee and either a court order for production
of the will or a certified copy of a death certificate of the
decedent.
   This bill would additionally require the release of the copy of
the will upon the payment of the required fee and receipt of an
informational certified copy of a death certificate, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8200 of the Probate Code is amended to read:
   8200.  (a) Unless a petition for probate of the will is earlier
filed, the custodian of a will shall, within 30 days after having
knowledge of the death of the testator, do both of the following:
   (1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered.
   (2) Mail a copy of the will to the person named in the will as
executor, if the person's whereabouts is known to the custodian, or
if not, to a person named in the will as a beneficiary, if the person'
s whereabouts is known to the custodian.
   (b) A custodian of a will who fails to comply with the
requirements of this section shall be liable for all damages
sustained by any person injured by the failure.
   (c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.  For purposes of this subdivision,
"certified copy of a death certificate" shall include an
informational certified copy, as described in Section 103526 of the
Health and Safety Code. 
   (d) The fee for delivering a will to the clerk of the superior
court pursuant to paragraph (1) of subdivision (a) shall be as
provided in Section 70626 of the Government Code. If an estate is
commenced for the decedent named in the will, the fee for any will
delivered pursuant to paragraph (1) of subdivision (a) shall be
reimbursable from the estate as an expense of administration.