California 2009-2010 Regular Session Status: Passed Assembly

AB 355 — Decedent's estates: sister state personal representatives.

Last action — From Senate committee without further action.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law provides a procedure by which a sister state personal representative of a nondomiciliary decedent may, without petitioning for an ancillary probate administration, use an affidavit procedure to collect personal property of the decedent, provided that the value of the estate is under $100,000, except as specified. This bill would create a procedure by which a sister state personal representative of a nondomiciliary decedent is permitted to use an affidavit procedure to collect personal property of a decedent when the gross value of the estate is in excess of $100,000, the decedent did not own real property in California at the time of death, and the sister state personal representative satisfies certain notice requirements. The bill would specify the form of the affidavit or declaration, to be made under penalty of perjury. By changing the definition of the crime of perjury, this bill would impose a state-mandated local program. The bill would require that the sister state personal representative provide relevant evidence of ownership. The bill would require that reasonable proof of the identity of the sister state personal representative executing the affidavit or declaration be provided to the holder of the decedent's property, as specified. The bill would provide, upon satisfying the requirements of the procedure, that the sister state personal representative may compel the holder of the property at issue to deliver it, and would provide for an award of attorney's fees in an action to enforce this right if the court finds that the person holding the property acted unreasonably. The bill would provide that a property holder who surrenders property pursuant to this process is released from liability, as specified. The bill would prohibit the use of this procedure if an administration of the decedent's estate is pending, and would provide that the payment or delivery of property pursuant to its provisions would not preclude later proceedings. The bill would specify how property is to be restored to the decedent's estate if proceedings are later commenced. The bill would specify that its provisions do not apply to transfer of real property. The bill would permit a public administrator who has possession of a decedent's property to refuse to deliver it if payment of specified costs and fees has not first been made. The bill would provide that a public administrator who receives an affidavit as prescribed by these provisions does not have any obligation to administer the decedent's estate or to petition for the administration of the estate. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Hearing postponed by committee.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. Referred to Com. on JUD.

  6. In Senate. Read first time. To Com. on RLS. for assignment.

  7. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1467.)

  8. Read second time. To Consent Calendar.

  9. From committee: Do pass. To Consent Calendar. (May 6).

  10. Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  12. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (March 31).

  13. Referred to Com. on JUD.

  14. From printer. May be heard in committee March 22.

  15. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ammiano

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 355 AMMIANO Consent Calendar Second Day Regular Session

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77007
Democratic 5000
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Charles — Yea
Beall — Yea
Coto — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Evans — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Gaines — Not Voting
Saldana — Not Voting
Duvall — Yea
Feuer — Yea
Fuller — Yea
Bass — Not Voting
Furutani — Yea
Garrick — Not Voting
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Not Voting
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Not Voting
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Republican 1000
Democratic 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Perez — Yea
Audra — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Fuentes — Yea
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
Duvall — Yea
Ammiano — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
A. — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

finance civil-rights
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Frequently asked questions

What does AB 355 do?
(1) Existing law provides a procedure by which a sister state personal representative of a nondomiciliary decedent may, without petitioning for an ancillary probate administration, use an affidavit procedure to collect personal property of the decedent, provided that the value of the estate is under $100,000, except as specified. This bill would create a procedure by which a sister state personal representative of a nondomiciliary decedent is permitted to use an affidavit procedure to collect personal property of a decedent when the gross value of the estate is in excess of $100,000, the decedent did not own real property in California at the time of death, and the sister state personal representative satisfies certain notice requirements. The bill would specify the form of the affidavit or declaration, to be made under penalty of perjury. By changing the definition of the crime of perjury, this bill would impose a state-mandated local program. The bill would require that the sister state personal representative provide relevant evidence of ownership. The bill would require that reasonable proof of the identity of the sister state personal representative executing the affidavit or declaration be provided to the holder of the decedent's property, as specified. The bill would provide, upon satisfying the requirements of the procedure, that the sister state personal representative may compel the holder of the property at issue to deliver it, and would provide for an award of attorney's fees in an action to enforce this right if the court finds that the person holding the property acted unreasonably. The bill would provide that a property holder who surrenders property pursuant to this process is released from liability, as specified. The bill would prohibit the use of this procedure if an administration of the decedent's estate is pending, and would provide that the payment or delivery of property pursuant to its provisions would not preclude later proceedings. The bill would specify how property is to be restored to the decedent's estate if proceedings are later commenced. The bill would specify that its provisions do not apply to transfer of real property. The bill would permit a public administrator who has possession of a decedent's property to refuse to deliver it if payment of specified costs and fees has not first been made. The bill would provide that a public administrator who receives an affidavit as prescribed by these provisions does not have any obligation to administer the decedent's estate or to petition for the administration of the estate. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 355?
AB 355 is sponsored by Ammiano.
What is the current status of AB 355?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 355?
Track AB 355 free on One Click Politics — get push/email alerts when it moves.

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