Bill Text: CA AB2166 | 2013-2014 | Regular Session | Introduced

---

Bill Title: Decedents' estates: administration: custodians of wills.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-05-28 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2166 Detail]

Download: California-2013-AB2166-Introduced.html

---

BILL NUMBER: AB 2166	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 20, 2014

   An act to amend Section 8200 of the Probate Code, relating to
estates and trusts.


	LEGISLATIVE COUNSEL'S DIGEST


   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 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  original custodian of a will shall, within 30
days after having knowledge of the death of the testator, do 
both   either  of the following: 
   (1) Deliver the will to the person named in the will as executor
if this person's whereabouts is known to the original custodian or,
if not known, to the person named in the will as a beneficiary, if
this person's whereabouts is known to the original custodian. This
delivery shall be made either by personal service with proof of
service or by mail with return receipt. When delivery is made, the
will shall have attached to it the following notification in not less
than 10-point boldfaced font or a reasonable equivalent thereof:


   "As the successor custodian of the decedent's will, you have a
duty pursuant to Section 8200 of the Probate Code to deliver the will
within 30 days of receipt to the superior court of the county in
which the estate of the decedent may be administered. Additionally,
if you are not the person named in the will as executor, but know the
whereabouts of the person who is named in the will as executor, you
are required to mail a copy of the will to the person named as
executor." 

   (2) If for any reason the original custodian has not delivered the
will to either the person named in the will as executor or as a
beneficiary or the delivery did not comply with paragraph (1), the
original custodian shall do both of the following:  
   (1) 
    (A)  Deliver the will to the clerk of the superior court
of the county in which the estate of the decedent may be
administered. 
   (2) 
    (B)  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) Unless the petition for probate of the will is earlier filed,
the successor custodian of a will who is named in the will as an
executor or beneficiary and who received the will with the
notification described in subdivision (a) attached shall, within 30
days of receipt of the will from the original custodian, deliver the
will to the clerk of the superior court of the county in which the
estate of the decedent may be administered and, if the successor
custodian is a beneficiary, mail a copy of the will to the person
named in the will as executor, if the person's whereabouts is known
to this custodian.  
   (b) 
    (c)  A custodian of a will  , including an executor
or beneficiary who is in receipt of a will with the notification
described in subdivision (a) attached,  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) 
    (d)  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. 
   (d) 
    (e)  The fee for delivering a will to the clerk of the
superior court pursuant to  paragraph (1) of 
subdivision (a)  or (b)  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)  or (b)
 shall be reimbursable from the estate as an expense of
administration.