Today's Law As Amended


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AB-2166 Decedents’ estates: administration: custodians of wills.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 8200 of the Probate Code is amended to read:

8200.
 (a) Unless a petition for probate of the will is earlier filed, the original  custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both either  of the following:
(1) Deliver the will to the person named in the will as executor if this person’s whereabouts is known to the original custodian or, if not known, to the person named in the will as a beneficiary, if this person’s whereabouts is known to the original custodian. This delivery shall be made either by personal service with proof of service or by mail with return receipt. When delivery is made, the will shall have attached to it the following notification in not less than 10-point boldfaced font or a reasonable equivalent thereof:

“As the successor custodian of the decedent’s will, you have a duty pursuant to Section 8200 of the Probate Code to deliver the will within 30 days of receipt to the superior court of the county in which the estate of the decedent may be administered. Additionally, if you are not the person named in the will as executor, but know the whereabouts of the person who is named in the will as executor, you are required to mail a copy of the will to the person named as executor.”

(2) If for any reason the original custodian has not delivered the will to either the person named in the will as executor or as a beneficiary or the delivery did not comply with paragraph (1), the original custodian shall do both of the following:
(1) (A)  Deliver the will, personally or by registered or certified mail,  will  to the clerk of the superior court of the county in which the estate of the decedent may be administered.
(2) (B)  Deliver Mail  a copy of the will pursuant to Section 1215 to  to  the person named in the will as executor, if the person’s whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person’s whereabouts is known to the custodian.
(b) Unless the petition for probate of the will is earlier filed, the successor custodian of a will who is named in the will as an executor or beneficiary and who received the will with the notification described in subdivision (a) attached shall, within 30 days of receipt of the will from the original custodian, deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered and, if the successor custodian is a beneficiary, mail a copy of the will to the person named in the will as executor, if the person’s whereabouts is known to this custodian.
(b) (c)  A custodian of a will  will, including an executor or beneficiary who is in receipt of a will with the notification described in subdivision (a) attached,  who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.
(c) (d)  The clerk shall release a copy of a will delivered under this section for attachment to a petition for probate of the will or otherwise on receipt of payment of the required fee and either a court order for production of the will or a certified copy of a death certificate of the decedent.
(d) (e)  The fee for delivering a will to the clerk of the superior court pursuant to paragraph (1) of  subdivision (a) or (b)  shall be as provided in Section 70626 of the Government Code. If an estate is commenced for the decedent named in the will, the fee for any will delivered pursuant to paragraph (1) of  subdivision (a) or (b)  shall be reimbursable from the estate as an expense of administration.