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CA AB2567
Bill
Status
2/21/2014
Primary Sponsor
Tom Daly
Click for details
AI Summary
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Requires courts to make a "good cause" determination that beneficiaries and creditors will not suffer harm before waiving or reducing a personal representative's bond.
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Adds new bond coverage requirements (Section 8482.5) for attorney's fees and costs awarded in successful contests of accounting, calculated as a percentage of estate assets (10% up to $500,000, 12% from $500,000-$1,000,000, and 2% above $1,000,000).
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Requires personal representatives and their attorneys to file ex parte applications to increase bond amounts when they have actual or constructive knowledge the bond is insufficient, with account approval conditioned on filing additional bond amounts.
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Removes court discretion to fix bond amounts under the Independent Administration of Estates Act, making bond requirements mandatory.
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Repeals previous language allowing bond waivers based solely on prior filings by the personal representative in other proceedings.
Legislative Description
Decedents' estates: personal representative: bond.
Last Action
In committee: Set, second hearing. Hearing canceled at the request of author.
5/6/2014