Probate matters: guardianships: estates.
Summary
Existing law requires a creditor to file a claim against a decedent's estate before the later of 4 months after the date letters, as specified by other provisions of law, are first issued to a general personal representative or 60 days after the date notice of administration is mailed or personally delivered to the creditor. Existing law provides a form for a notice of petition to administer a decedent's estate, and for a notice of administration of a decedent's estate, and requires that notices for those purposes substantially comply with the statutory form. This bill would revise those notice forms to state that a creditor must file a claim with the court and mail a copy to the personal representative appointed by the court within the later of either 4 months from the date of first issuance of letters to a general personal representative, as specified, or 60 days from the date of mailing or personal delivery of the notice, as specified. Existing law establishes procedures for courts to follow regarding venue in the circumstance where a proceeding for the guardianship of the person of the minor is filed in one county, and a custody or visitation proceeding has already been filed in one or more other counties, and provides for communications between the courts, as specified. This bill would correct an erroneous cross-reference in these provisions.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2012
Committee Review
Aug 2012
Assembly Passage
May 2012
Senate Passage
Aug 2012
Signed into Law
Aug 2012
Introduced Mar 12, 2012
Signed Aug 27, 2012
Floor votes · Senate Aug 9, 2012 · Assembly May 14, 2012
How they voted
35–0
Passed · 4 other
Total votes 39
Aug 9, 2012
D
Democratic24
87% Yea
R
Republican15
93% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
9
Committee
9
Aug 27, 2012
Signed into law
Approved by the Governor.
legislature
Aug 9, 2012
Senate · Passed
Senate Vote: pass (35-0-4)
senate
Aug 9, 2012
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jul 5, 2012
Upper · Passed
From committee: Do pass. To consent calendar. (Ayes 4. Noes 0.) (July 3).
upper
Jun 7, 2012
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 24, 2012
Committee
Referred to Com. on JUD.
upper
May 14, 2012
Assembly · Passed
Assembly Vote: pass (75-0-4)
assembly
May 8, 2012
Lower · Passed
From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (May 8).
lower
May 1, 2012
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 24, 2012
Committee
Re-referred to Com. on JUD.
lower
Mar 19, 2012
Committee
Referred to Com. on JUD.
lower
Mar 13, 2012
Lower · Passed
From printer. May be heard in committee April 12.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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