Store Research
ASSEMBLY BILL 2677 (MARGOLIN – 1984)
CHAPTER 192, STATUTES OF 1984, AB 2677
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Current Probate Code section 8462 is derived from former Probate Code section 422. As enacted, Assembly Bill 2677 was a single-section bill that only amended now former Probate Code section 422 relating to estate administration. (See Exhibit #1c) Assembly member Margolin introduced this bill on February 6, 1984 at the request of the Conference of Delegates of State Bar of California. (See Exhibits #1a and #6)
Assembly Bill 2677 was assigned to the Assembly Committee on Judiciary and the Senate Committee on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #6) The fiscal ramifications of the bill were considered by the Assembly Committee on Ways and Means and the Senate Committee on Finance. (See Exhibit #2) One amendment was made to Assembly Bill 2677 during the legislative process. (See Exhibits #1b and #2) Subsequent to legislative approval, Governor George Deukmejian signed the bill on June 12, 1984, and it was recorded by the Secretary of State on June 13, 1984 as Chapter 192 of the Statutes of 1984. (See Exhibits #1c and #2)
The following summary of Assembly Bill 2677 is provided in the Summary Digest of Statutes Enacted:
Existing law provides the order of priority of persons who are entitled to letters of administration of the estate of a decedent who died intestate. The surviving spouse is granted top priority over all other interested persons.
This bill would lower the priority of a surviving spouse, in relation to certain other persons, if the surviving spouse is a party to an action for separate maintenance, dissolution, or annulment, and was living apart from the decedent at the time of the decedent’s death, except where the surviving spouse has waived his or her right to file a petition for the determination or confirmation of community property, as specified.
This bill would also provide a certain priority for the conservator or guardian of the decedent’s estate.
(See Exhibit #11)