CAL LEG Decedents Estates


On Sep. 5, CAL LEG passed bill re disposal of decedent property.


  • CAL LEG passed AB 2016 Decedents’ estates re the disposal of a decedent’s property.
  • Amends CAL Probate Code CAL LEG 8-1-3-13100, CAL LEG 8-1-3-13101, CAL LEG 8-1-4-13150, CAL LEG 8-1-3-13151, CAL LEG 8-1-4-13152, and CAL LEG 8-1-4-13154.
  • Bill Provisions
  • Existing law establishes procedures through which a successor of the decedent may dispose of decedent’s real, personal property if gross value does not exceed $166,250.
  • Current process utilizing an affidavit or declaration under penalty of perjury or filing by a petition in the superior court, excludes certain property from the value of the estate.
  • This bill would exclude real property that was included in a petition to the superior court from the affidavit and apply only to real property that was the primary residence.
  • Petition procedures apply to primary residencies with gross value less than $750,000.
  • Legislative History
  • On Jan. 31, 2024, bill introduced to Assembly; on Apr. 18, 2024, bill passed Assembly.
  • On Apr. 18, 2024, bill introduced into Senate; on Aug. 26, 2024, bill passed in Senate.
  • On Sep. 5, 2024, bill enrolled by both chambers and was presented to the governor.
  • Effectiveness
  • If enacted, bill becomes effective as of Jan. 1, 2025.
  • Sep. 21, 2024 CAL LEG Governor Approval
  • On Sep. 21, 2024, CAL LEG reported governor approved AB-2016, assigned Ch. 331.

Regulators CAL LEG
Entity Types CNSM
Reference Ch. 331, 9/21/2024; Bill, AB2016, 9/6/2024; Citation: CAL LEG 8-1-3-13100; CAL LEG 8-1-3-13101; CAL LEG 8-1-4-13150; CAL LEG 8-1-3-13151; CAL LEG 8-1-4-13152; CAL LEG 8-1-4-13154;
Functions Compliance; Legal
Countries United States of America
Category
State
Products Mortgage
Regions Am
Rule Type Final
Rule Date 9/5/2024
Effective Date 1/1/2025
Rule Id 224921
Linked to N/A
Reg. Last Update 9/21/2024
Report Section US Consumer

Last substantive update on 09/24/2024