Store Research
ASSEMBLY BILL 25 (MCALISTER – 1983)
CHAPTER 842, STATUTES OF 1983, AB 25
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Sections relating to probate law and procedure from the Civil Code, Code of Civil Procedure, Education Code, Government Code, Penal Code, and Probate Code were affected in 1983 following legislative passage of Assembly Bill 25. (See Exhibit A, #1g) Assembly Bill 25 was introduced by Assembly member Alister McAlister on December 6, 1986 at the request of the California Law Revision Commission [hereinafter referred to as “the Commission” or “the CLRC”]. (See Exhibit A, #1a and #8)
While before the Legislature, the Assembly and Senate Committees on Judiciary considered the policy issues raised by the bill. (See Exhibit A, #3 and #7) Assembly Bill 25 was amended on five occasions, three times in the Assembly and twice in the Senate. (See Exhibit A, #1b through #1f) Since the Senate amended the bill after it had been approved by the Assembly and the Assembly did not adopt the Senate amendments to the bill, the measure was sent to a Conference Committee. (See Exhibit A, #2) The purpose of a Conference Committee is to bring together six legislators, three from each House, in an attempt to reach a compromise on a bill’s language where there is a refusal to accept amendments.
The Conference Committee on Assembly Bill 25 made amendments to the bill that were accepted by the Legislature. (See Exhibit A, #1g, #2, and #13 through #15)
Assembly Bill 25 was then signed by Governor George Deukmejian, and recorded by the Secretary of State on September 15, 1983 as Chapter 842 of the Statutes of 1983. (See Exhibit A, #1g and #2)
The Assembly Committee on Judiciary prepared an analysis of Assembly Bill 25 as the bill was amended on April 20, 1983 which indicated that “[t]his bill would provide a new comprehensive statute governing wills and intestate succession.” (See Exhibit A, #3b, page 1) The Assembly Committee analysis provided the following discussion regarding the background and purpose of this measure:
AB 25 is sponsored by the California Law Revision Commission. The bill is based in part on the Uniform Probate Code and makes significant changes in California law. These changes are designed primarily to simplify the administration of an intestate estate and to carry out more effectively the intent of the decedent who dies leaving a will.
(See Exhibit A, #3b, page 4)