Bill Text: CA AB548 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Estates: administrators.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2015-07-06 - Chaptered by Secretary of State - Chapter 54, Statutes of 2015. [AB548 Detail]

Download: California-2015-AB548-Chaptered.html

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BILL NUMBER: AB 548	CHAPTERED
	BILL TEXT

	CHAPTER  54
	FILED WITH SECRETARY OF STATE  JULY 6, 2015
	APPROVED BY GOVERNOR  JULY 6, 2015
	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  APRIL 9, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 23, 2015

   An act to amend and repeal Section 8465 of the Probate Code,
relating to estates and trusts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 548, Cristina Garcia. Estates: administrators.
   Under existing law, when an individual dies intestate, a court is
authorized to appoint certain specified persons to act as that
individual's personal representative and to administer the individual'
s estate. Further, existing law prescribes an order of preference for
appointment among those persons. Existing law authorizes the court
to appoint an administrator who is nominated by a person who is not a
United States resident if the nominator would otherwise be entitled
to appointment as an administrator of the decedent's estate, after
meeting specified conditions. Under existing law, the provisions on
administrators who are nominated by a person who is not a United
States resident are to be repealed on January 1, 2016.
   This bill would delete the January 1, 2016 date of repeal, and
thereby extend indefinitely the authorization of the court to appoint
an administrator who is nominated by a person who is not a United
States resident.


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

  SECTION 1.  Section 8465 of the Probate Code, as amended by Section
1 of Chapter 635 of the Statutes of 2012, is amended to read:
   8465.  (a) The court may appoint as administrator a person
nominated by any of the following persons:
   (1) A person otherwise entitled to appointment.
   (2) A person who would otherwise be entitled for appointment but
who is ineligible for appointment under paragraph (4) of subdivision
(a) of Section 8402 because he or she is not a resident of the United
States.
   (3) 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.
   (d) If a person making a nomination for appointment of an
administrator is a person described in paragraph (2) of subdivision
(a), the court shall not appoint a nominee who is not a California
resident to act as administrator. For California residents nominated
under paragraph (2) of subdivision (a), the court shall consider
whether the nominee is capable of faithfully executing the duties of
the office. The court may in its discretion deny the appointment and
appoint another person. In determining whether to appoint the
nominee, the factors the court may consider include, but are not
limited to, the following:
   (1) Whether the nominee has a conflict of interest with the heirs
or any other interested party.
   (2) Whether the nominee had a business or personal relationship
with the decedent or decedent's family before the decedent's death.
   (3) Whether the nominee is engaged in or acting on behalf of an
individual, a business, or other entity that solicits heirs to obtain
the person's nomination for appointment as administrator.
   (4) Whether the nominee has been appointed as a personal
representative in any other estate.
   (e) If the court decides to appoint a nominee under the
circumstances described in subdivision (d), the court shall require
the nominee to obtain bond, unless the court orders otherwise for
good cause. Any order for good cause must be supported by specific
findings of fact, and shall consider the need for the protection of
creditors, heirs, and any other interested parties. Before waiving a
bond, the court shall consider all other alternatives, including, but
not limited to, the deposit of property in the estate pursuant to
Chapter 3 (commencing with Section 9700) of Part 5 on the condition
that the property, including any earnings thereon, will not be
withdrawn except on authorization of the court. The waiver of all of
the heirs of the requirement of a bond shall not constitute good
cause.
   (f) If the appointed nominee ceases to be a California resident
following his or her appointment, he or she shall be deemed to have
resigned as administrator for the purposes of Article 7 (commencing
with Section 8520). The court shall not lose jurisdiction of the
proceeding by any resignation under this subdivision.
   (g) By accepting appointment as personal representative, the
nominee shall submit personally to the jurisdiction of the court.
  SEC. 2.  Section 8465 of the Probate Code, as added by Section 2 of
Chapter 635 of the Statutes of 2012, is repealed.