Bill Text: CA AB439 | 2017-2018 | Regular Session | Introduced
Bill Title: Estates and trusts: property claims.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB439 Detail]
Download: California-2017-AB439-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 439 |
| Introduced by Assembly Member Gallagher |
February 13, 2017 |
An act to amend Section 853 of the Probate Code, relating to estates and trusts.
LEGISLATIVE COUNSEL'S DIGEST
AB 439, as introduced, Gallagher.
Estates and trusts: property claims.
Existing law provides for the determination by petition filed in a court of claims brought to determine ownership of real or personal property claimed by an estate, a ward or conservatee, or a trustee, as specified. Existing law authorizes a person having or claiming title or an interest in the property which is the subject of the petition to object that the court in which the petition is filed is not the proper court under any other provision of law for the trial of a civil action seeking the same relief. Existing law prohibits a court from granting a petition if that objection is established. Existing law prohibits a court from granting a petition if the court determines that the matter should be determined by a civil action.
This bill would additionally authorize a petitioner to file a petition described above in the county where the property
that is the subject of the petition is located, or in the county where the day-to-day administration of the trust in possession of, holding title to, or claiming an interest in the property takes place, and would clarify that a petition may be filed in a court which would be proper court under any other provision of law for the trial of a civil action seeking the same relief. The bill would authorize a person to object to a petition on the ground that the petition was not filed in one of those courts.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 853 of the Probate Code is amended to read:A853.
(a) The petition may be filed in any of the following locations:(1) The court in the county where the property that is the subject of the petition is located.(2) The court in the county where the day-to-day administration of the trust in possession of, holding title to, or claiming an interest in the property that is the subject of the petition takes place.(3) The court which would be proper court under any other provision of law for the
trial of a civil action seeking the same relief.
(b) A person having or claiming title to or an interest in the property which is the subject of the petition may, at or prior to the hearing, object to the hearing of the petition if the petition is filed in a court which is not the proper court under any other provision of law for the trial of a civil action seeking the same relief and, if relief, or is not one of the other locations described under subdivision (a). If the objection is established, the court shall not grant the petition.
