Bill Text: CA SB1271 | 2015-2016 | Regular Session | Introduced
Bill Title: Summary probate procedures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1271 Detail]
Download: California-2015-SB1271-Introduced.html
BILL NUMBER: SB 1271 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Moorlach
FEBRUARY 18, 2016
An act to amend Sections 13651 and 13656 of the Probate Code,
relating to summary probate procedures.
LEGISLATIVE COUNSEL'S DIGEST
SB 1271, as introduced, Moorlach. Summary probate procedures.
Existing law authorizes a surviving spouse or the personal
representative, guardian of the estate, or conservator of the estate
of the surviving spouse to file a petition in the superior court of
the county in which the estate of the deceased spouse may be
administered requesting an order that administration of all or part
of the estate is not necessary because all or part of the estate is
property passing to the surviving spouse. Existing law specifies the
contents of that petition, including, among other things, a
description of the property of the deceased spouse which the
petitioner alleges is property passing to the surviving spouse and
the facts upon which the petitioner bases the allegation that all or
part of the estate of the deceased spouse is property passing to the
surviving spouse. Existing law provides that if the court finds that
all of the estate of the deceased spouse is property passing to the
surviving spouse, then the court is required to issue an order
describing the property, as specified. Existing law also provides
that if the court finds that all or part of the estate of the
deceased spouse is not property passing to the surviving spouse, then
the court is required to issue an order, as specified. Existing law
allows the court, in a case in which property is passing to the
surviving spouse or in which property is not passing to the surviving
spouse, to issue any further orders that may be necessary to cause
delivery of the property or its proceeds to the surviving spouse.
This bill would require the above petition to also include
reference to any agreements between the deceased spouse and the
surviving spouse affecting the character of property and a
description of the property as either community or separate property.
This bill would authorize a court to issue orders determining
whether any property, or interest therein, of the deceased spouse's
estate passing to the surviving spouse is separate property or
community property.
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 13651 of the Probate Code is amended to read:
13651. (a) A petition filed pursuant to Section 13650 shall
allege that administration of all or a part of the estate of the
deceased spouse is not necessary for the reason that all or a part of
the estate is property passing to the surviving spouse, and shall
set forth all of the following information:
(1) If proceedings for the administration of the estate are not
pending, the facts necessary to determine the county in which the
estate of the deceased spouse may be administered.
(2) A description of the property of the deceased spouse which the
petitioner alleges is property passing to the surviving spouse,
including the trade or business name of any property passing to the
surviving spouse that consists of an unincorporated business or an
interest in an unincorporated business which the deceased spouse was
operating or managing at the time of death, subject to any written
agreement between the deceased spouse and the surviving spouse
providing for a non pro rata division of the aggregate value of the
community property assets or quasi-community assets, or both.
(3) The facts upon which the petitioner bases the allegation that
all or a part of the estate of the deceased spouse is property
passing to the surviving spouse. spouse,
including reference to any agreements between the deceased spouse and
the surviving spouse affecting the character of the property.
(4) A description of the property as either community or separate
property.
(4)
(5) A description of any interest in the community
property or quasi-community property, or both, which the petitioner
requests the court to confirm to the surviving spouse as belonging to
the surviving spouse pursuant to Section 100 or 101, subject to any
written agreement between the deceased spouse and the surviving
spouse providing for a non pro rata division of the aggregate value
of the community property assets or quasi-community assets, or both.
(5)
(6) (A) The name, age,
address, and relation to the deceased spouse of each heir and
devisee of the deceased spouse, the names and addresses of all
persons named as executors of the will of the deceased spouse, and
the names and addresses of all persons appointed as personal
representatives of the deceased spouse, which are known to the
petitioner.
Disclosure
(B) Disclosure of any written
agreement between the deceased spouse and the surviving spouse
providing for a non pro rata division of the aggregate value of the
community property assets or quasi-community property assets, or
both, or the affirmative statement that this agreement does not
exist. If a dispute arises as to the division of the community
property assets or quasi-community property assets, or both, pursuant
to this agreement, or pursuant to allegations contained in the
petition as to the characterization of the property as community
property or separate property, the court shall determine the
division subject to terms and conditions or other remedies that
appear equitable under the circumstances of the case, taking into
account the rights of all interested persons.
(b) If the petitioner bases the allegation that all or part of the
estate of the deceased spouse is property passing to the surviving
spouse upon the will of the deceased spouse, a copy of the will shall
be attached to the petition.
(c) If the petitioner bases the description of the property of the
deceased spouse passing to the surviving spouse or the property to
be confirmed to the surviving spouse, or both, upon a written
agreement between the deceased spouse and the surviving spouse
providing for a non pro rata division of the aggregate value of the
community property assets or quasi-community assets, or both, a copy
of the agreement shall be attached to the petition.
SEC. 2. Section 13656 of the Probate Code is amended to read:
13656. (a) If the court finds that all of the estate of the
deceased spouse is property passing to the surviving spouse, the
court shall issue an order describing the property, determining that
the property is property passing to the surviving spouse, and
determining that no administration is necessary. The court may issue
any further orders which may be necessary to cause delivery of the
property or its proceeds to the surviving spouse.
spouse, including orders determining whether any property, or
interest therein, of the deceased spouse's estate passing to the
surviving spouse is separate property or community property.
(b) If the court finds that all or part of the estate of the
deceased spouse is not property passing to the surviving spouse, the
court shall issue an order (1) describing any
describing both of the following:
(1) Any property which is not
property passing to the surviving spouse, determining that that
property does not pass to the surviving spouse and determining that
that property is subject to administration under this code
and (2) describing the code.
(2) The property, if any, which
is property passing to the surviving spouse, determining that that
property passes to the surviving spouse, and determining that no
administration of that property is necessary. If the court determines
that property passes to the surviving spouse, the court may issue
any further orders which may be necessary to cause delivery of that
property or its proceeds to the surviving spouse.
spouse, including orders determining whether any property, or
interest therein, of the deceased spouse's estate passing to the
surviving spouse is separate property or community
property.
(c) If the petition filed under this chapter includes a
description of the interest of the surviving spouse in the community
or quasi-community property, or both, which belongs to the surviving
spouse pursuant to Section 100 or 101 and the court finds that the
interest belongs to the surviving spouse, the court shall issue an
order describing the property and confirming the ownership of the
surviving spouse and may issue any further orders which may be
necessary to cause ownership of the property to be confirmed in the
surviving spouse.
