Bill Text: CA SB155 | 2015-2016 | Regular Session | Introduced

California Senate Bill 155 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Independent System Operator.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB155 Detail]

Download: California-2015-SB155-Introduced.html

BILL NUMBER: SB 155	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hertzberg

                        FEBRUARY 2, 2015

   An act to add Part 3 (commencing with Section 13750) to Division 8
of the Probate Code, relating to decedent's estates.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 155, as introduced, Hertzberg. Decedent's estates.
   Existing law provides for the disposition of a testator's property
by will. Existing law establishes the Uniform Testamentary Additions
to Trusts Act, under which a valid devise of property may be made by
will to the trustee or trustees of a trust established or to be
established by the testator or by the testator and some other person,
commonly referred to as a pour-over will. Existing law provides that
the decedent's property, including property devised by a will, is
generally subject to probate administration, except as specified.
Existing law establishes simplified procedures for addressing a
decedent's estate valued under $150,000, including authorizing the
successor of the decedent to collect property due to the decedent
without letters of administration or awaiting probate of a will.
   This bill would establish simplified procedures for the
distribution of property, real or personal property of any amount or
value, devised by a will to the trustee or trustees of a recipient
trust, as defined, without procuring letters of administration. The
bill would authorize the trustee or trustees of a recipient trust to
file a verified petition setting forth specified facts in the
superior court of the county in which the estate of the decedent may
be administered, and would authorize the court to issue an order that
a particular item or items of property pass without administration
and are transferred to the petitioner as trustee or trustees of the
recipient trust. The bill would require attorneys' fees for services
performed in connection with these provisions to be determined by a
private agreement between the attorney and the client, and would
specify that attorneys' fees are not subject to approval by the
court.
   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.  Part 3 (commencing with Section 13750) is added to
Division 8 of the Probate Code, to read:

      PART 3.  Determination of Property Passing to Trustee of
Recipient Trust Without Administration


      CHAPTER 1.  DEFINITIONS


   13750.  For purposes of this part, both of the following
definitions shall apply:
   (a) "Pour-over will" means a devise by a will, including any
codicils, of property to the trustee or trustees of a recipient
trust.
   (b) "Recipient trust" means a trust established as a revocable
trust by a decedent during his or her lifetime, either alone or in
conjunction with his or her spouse or registered domestic partner,
and that is identified in the pour-over will.
      CHAPTER 2.  COURT ORDER DETERMINING PASSAGE OF PROPERTY TO
TRUSTEE OR TRUSTEES OF RECIPIENT TRUST


   13751.  Subject to further requirements provided in this chapter,
if a decedent dies testate and by his or her pour-over will devises
some or all of his or her property to the trustee or trustees of a
recipient trust, the trustee or trustees of that recipient trust,
without procuring letters of administration, may file a petition in
the superior court of the county in which the estate of the decedent
may be administered requesting a court order that a particular item
or items of property pass without administration to the petitioner as
trustee or trustees of the recipient trust.
   13752.  (a) The procedure provided by this chapter may be used
only if:
   (1) At least 40 days have elapsed since the death of the decedent.

   (2) No proceeding is being or has been conducted for the probate
administration of the decedent's estate, either in this state or in
any other jurisdiction.
   (3) Except as provided in paragraph (4), the devise in the
pour-over will to the trustee or trustees of the recipient trust
applies to the entire remainder of the property subject to the
pour-over will.
   (4) (A) The only other devise or devises, if any, in the pour-over
will are one or more specific gifts, as defined in subdivision (a)
of Section 21117, all of which would be eligible for disposition
without administration pursuant to either of the following
provisions:
   (i) Part 1 (commencing with Section 13000), as determined by the
petitioner. Any property that is not a devise of a specific gift, as
defined in subdivision (a) of Section 21117, in the decedent's
pour-over will shall be excluded in determining the property or
estate of the decedent or its value for this purpose.
   (ii) Part 2 (commencing with Section 13500), as determined by the
petitioner.
   (B) The court may rely on the petitioner's representations
concerning determinations made by the petitioner pursuant to this
paragraph.
   (b) The procedure provided by this chapter may be used for real or
personal property of any amount or value, so long as the other
requirements of this chapter are satisfied. The value of an
individual item, or aggregate value of items, of property does not
need to be included in the petition. An inventory and appraisal shall
not be required for the property subject to the procedure provided
by this chapter.
   13753.  (a) The petition shall be verified by each petitioner,
shall contain a request that the court make an order pursuant to this
chapter that a particular item or items of the decedent's property
pass without administration to the petitioner as trustee or trustees
of the recipient trust, and shall state all of the following:
   (1) The facts necessary to determine that the petition is filed in
the proper county.
   (2) That at least 40 days have elapsed since the death of the
decedent.
   (3) That no proceeding is being or has been conducted for
administration of the decedent's estate, either in this state or in
any other jurisdiction.
   (4) The facts and the provision or provisions of the pour-over
will upon which the petitioner bases the allegation that a particular
item or items of property pass without administration to the
petitioner as trustee or trustees of the recipient trust, including,
but not limited to, the following:
   (A) That the devise in the pour-over will to the trustee or
trustees of the recipient trust applies to the entire remainder of
the property subject to the pour-over will.
   (B) Either of the following, as applicable:
   (i) That there is no devise in the pour-over will other than to
the trustee or trustees of the recipient trust.
   (ii) The only other devise or devises, if any, in the pour-over
will are one or more specific gifts, as defined in subdivision (a) of
Section 21117, all of which would be eligible for disposition
without administration pursuant to either of the following
provisions:
   (I) Part 1 (commencing with Section 13000), as determined by the
petitioner. Any property that is not a devise of a specific gift, as
defined in subdivision (a) of Section 21117, identified in the
decedent's pour-over will shall be excluded in determining the
property or estate of the decedent or its value.
   (II) Part 2 (commencing with Section 13500), as determined by the
petitioner.
   (5) A description or descriptions of the particular item or items
of the decedent's property for which the petitioner requests an order
pursuant to this chapter.
   (6) The name, age, address, and relation to the decedent of each
of the following:
   (A) Heir and devisee of the decedent.
   (B) Each person named as executor or alternate executor of the
pour-over will.
   (C) Each beneficiary of the recipient trust. For any future
interests, this determination shall be made pursuant to subdivision
(a) of Section 15804, so far as known to any petitioner.
   (D) Each person named as trustee or successor trustee in the
recipient trust.
   (7) The name and address of any person serving as guardian of the
estate or conservator of the estate of the decedent at the time of
the decedent's death, so far as known to any petitioner.
   (b) A copy of the pour-over will shall be attached to, and filed
in support of, the petition.
   (c) A certification of trust for the recipient trust that
satisfies the requirements of Section 18100.5 shall be attached to,
and filed in support of, the petition.
   13754.  Notice of hearing shall be given as provided in Section
1220 to each of the persons named in the petition pursuant to Section
13753.
   13755.  If the requirements of this chapter are satisfied, the
court shall issue an order that a particular item or items of
property pass without administration and are transferred to the
petitioner as trustee or trustees of the recipient trust. Each item
of property shall be described in the order. The court shall not
issue an omnibus order for final distribution pursuant to the
procedure provided by this chapter.
   13756.  (a) Except as provided in subdivision (b), upon becoming
final, an order under this chapter that property passes without
administration to the trustee or trustees of the recipient trust
shall be conclusive on all persons.
   (b) An order issued by the court pursuant to Section 13755 shall
not preclude the filing of a petition pursuant to Section 17200.
   13757.  The attorney's fees for services performed in connection
with the filing of a petition and obtaining a court order under this
chapter shall be determined by a private agreement between the
attorney and the client and are not subject to approval by the court.
If there is no agreement between the attorney and the client
concerning the attorney's fees for services performed in connection
with the filing of a petition and obtaining a court order under this
chapter and there is a dispute concerning the reasonableness of the
attorney's fees for those services, a petition may be filed with the
court in the same proceeding requesting that the court determine the
reasonableness of the attorney's fees for those services. If there is
an agreement between the attorney and the client concerning the
attorney's fees for services performed in connection with the filing
of a petition and obtaining a court order under this chapter and
there is a dispute concerning the meaning of the agreement, a
petition may be filed with the court in the same proceeding
requesting that the court determine the dispute.
   13758.  Nothing in this chapter excuses compliance with Chapter 3
(commencing with Section 13100) by the holder of the decedent's
personal property if an affidavit or declaration is furnished as
provided in that chapter.
      CHAPTER 3.  LIABILITY FOR DEBTS OF DECEDENT


   13759.  Property transferred to the trustee or trustees of a
recipient trust pursuant to an order issued under Section 13755 shall
be subject to the payment of claims, debts, and expenses as provided
in Part 8 (commencing with Section 19000) of Division 9.