BILL NUMBER: S5285
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the surrogate's court procedure act, in relation to
persons who may become a voluntary administrator
 
PURPOSE::
This bill makes it easier and faster for the court to authorize a volun-
tary administrator of an estate valued at less than $50,000.
 
SUMMARY OF PROVISIONS::
Section 1 amends Surrogate's Court Procedure Act 1303 (a).
Section 2 provides an effective date.
 
JUSTIFICATION::
Currently, when a person eligible to administer a small estate valued
under $50,000, wishes to allow a voluntary administrator to administer
the estate in their stead, the person has to petition the court for a
change in administrator. This bill would simplify the process and permit
the person to sign a single form consenting to the court appointment of
a replacement voluntary administrator. It would also allow heirs to
consent to a voluntary administrator who is not a distributee or who is
the fiduciary of a deceased distributee's estate. For example, if the
decedent's parents are his or her sole distributees, but are frail and
elderly, and they want the decedent's sister to administer the estate,
they cannot designate her to do so without filing a petition for a
letter of administration. In another example, if the decendent's mother
is his sole distributee but has since died and has a fiduciary appointed
to administer her estate, the fiduciary cannot file to be the voluntary
administrator of the son's estate under current law.
Since this bill only affects the administration of small estates where
lawyers are unlikely to be involved, it will relieve the burden of court
bureaucracy on low-income families, by permitting them to consent to the
appointment of a competent person to handle their decedent's estate.
 
LEGISLATIVE HISTORY::
S.4342 of judiciary;2023-2024; Passed Senate, Delivered to Assembly,
S.8930 of 2022: Passed Senate, Referred to Judiciary;
S.8930 of 2021:Referred to Judiciary;
S.8930 of 2020:Referred to Judiciary
 
FISCAL IMPLICATIONS::
None.
 
LOCAL FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
The thirtieth day after it shall have become a law.