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Senate Bill 2067 (Bradley 1974)

Chapter 511, Statutes of 1974 - SB 2067

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Code relating to the appointment of estate administrators.  (See Exhibit #1d)  Senator Bradley introduced this legislation on April 15, 1974 at the request of the State Bar.  (See Exhibits #1a; #4, documents SP-1 and SP-5; #6, page 2; and #9, document PE-8) 

Senate Bill 2067 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #6)  Two amendments were made to Senate Bill 2067.  (See Exhibits #1b, #1c, and #2)  Subsequent to legislative approval, Governor Ronald Reagan signed Senate Bill 2067 on August 20, 1974 and it was recorded by the Secretary of State on that day as Chapter 511 of the Statutes of 1974.  (See Exhibits #1d and #2)

The Department of Legal Affairs’ Enrolled Bill Report to the Governor summarized Senate Bill 2067 as follows:

 

This bill amends Probate Code sections 409 and 422 which are concerned with the appointment of administrators of estates.  Probate Code section 409 is amended by this bill to provide that a person not otherwise entitled to appointment as an administrator with the will annexed may be so appointed, if nominated by a person who is a resident of the United States and who takes more than 50% of the estate under the decedent’s will.  This will thus allow the person who takes the bulk of the estate to nominate the administrator with the will attached.

 

The amendment to Probate Code section 422 will permit lineal descendents of the estate to be appointed as administrators if they are entitled to succeed to the decedent’s estate or a part thereof.  This amendment will now make it possible for a family member who takes by intestate succession from the second decedent, but not the first to administer the estate of the first decedent as well as the second.

 

These amendments will permit the person who takes the bulk of the estate to nominate the personal representative thereby facilitating administration of the estate by persons most closely related to the decedent or associated with the estate.

(See Exhibit #9, document PE-7)