California Assembly Bill AB1670 Introduced / Bill

 BILL NUMBER: AB 1670INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Lara FEBRUARY 14, 2012 An act to amend Section 8465 of the Probate Code, relating to estates. LEGISLATIVE COUNSEL'S DIGEST AB 1670, as introduced, Lara. Estates: administration. Existing law governs the administration of the estates of decedents. 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. This bill would expand a court's appointment authority by authorizing 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. 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 8465 of the Probate Code is amended to read: 8465. (a) The court may appoint as administrator a person nominated by  a   any of the following persons:   (1)     A  person otherwise entitled to appointment  or by the guardian   .   (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.