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ASSEMBLY BILL 2841 (HARRIS – 1988)
CHAPTER 1199, STATUTES OF 1988 - AB 2841
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Numerous sections, both former and current, from the Civil Code, Code of Civil Procedure, Financial Code, Government Code, Labor Code, Military and Veterans Code, Probate Code, Revenue and Taxation Code, and Welfare and Institutions Code, relating to probate law and procedure, were affected in 1988 following legislative approval of Assembly Bill 2841, introduced on January 26, 1988 by Assembly member Elihu Harris. (See Exhibit A, #1a) Assembly member Harris carried this bill for the California Law Revision Commission [hereinafter referred to as “the CLRC” or “the Commission”]. (See Exhibit A, #3a, page 8)
Assembly Bill 2841 was heard in the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (See Exhibit A, #3 and #8) The measure was also considered in the Assembly Committee on Ways and Means and the Senate Committee on Appropriations. (See Exhibit A, #2 and #5) Assembly Bill 2841 was amended once while pending in the Assembly and four times while pending in the Senate before being approved by the Legislature on August 23, 1988. (See Exhibit A, #1b through #1f and #2) Governor George Deukmejian signed the bill on September 22, 1988, and it was recorded on that date as Chapter 1199 of the Statutes of 1988. (See Exhibit A, #1g and #2)
The Assembly Committee on Judiciary analysis provided the following comments on the intent, rationale and background driving this legislation:
1) According to the sponsor, the California Law Revision Commission (CLRC), this legislation streamlines, modernizes, clarifies, and improves various aspects of California probate law.
The sponsor states that the recommendations contained in
this bill were developed in close cooperation with the Executive Committee of the State Bar Estate Planning, Trust and Probate law Section, the Probate and Trust Law Section of the Los Angeles County Bar Association, and the Probate, Trust and Estate Planning Section of the Beverly Hills Bar Association, as well as other organizations.
In addition, the CLRC states that it has sought and obtained
the views of members of the public, of lawyers, judges, court commissioners, probate referees, public administrators, public guardians, realtors, newspaper publishers, and others who work in probate law or are concerned with particular aspects of probate law.
2) This bill is part of the CLRC work on preparing a new code to replace the existing Probate Code.
3) The author will offer extensive technical amendments at the Committee hearing. His amendments also substantially retain existing law as to compensation for probate referees, rather than adopt the proposal from the CLRC, so that more discussion and evaluation can be made as to what revisions of fees should be made.
(See Exhibit A, #3a, page 8)