CaliforniaProbate: notice of death for child support obligations.
What it does
Existing law sets forth the rules of practice applicable to probate. For estates for which letters testamentary or letters of administration are issued on or after January 1, 2026, existing law requires the general personal representative or the estate attorney of a decedent's estate to provide notice of the decedent's death to the Director of the Department of Child Support Services within 90 days after the date letters are first issued, if the general personal representative or estate attorney knows or has reason to believe the decedent has a child support obligation under an order issued by a court of competent jurisdiction. Existing law authorizes a local child support agency to assert a claim on the estate no later than 4 months after receiving this notice.
More detail
This bill would instead require that notice to be provided for estates for which letters are issued on or after January 1, 2027, if the general personal representative or estate attorney has actual knowledge that the decedent has a child support obligation under an order issued by a court of competent jurisdiction or that an heir or a beneficiary of the estate has a child support obligation under an order issued by a court of competent jurisdiction. The bill would specify that it does not impose a duty to investigate whether or not a decedent or an heir or beneficiary of the estate is subject to a child support order. For a notice that the decedent is a child support obligor, the bill would authorize a local child support agency to assert a claim no later than 4 months after delivery of this notice. The bill would make its provisions inapplicable to the manner or timeframe for a local child support agency to pursue collection of a child support obligation.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 20Chaptered by Secretary of State. Chapter 427, Statutes of 2026.Latest
- Sep 20Approved by the Governor Gavin Newsom.Became Law
- Aug 28Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 24Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5685.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB1264 Valladares Concurrence. Result: pass.Upper
- Aug 19In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 1264 Valladares Senate Third Reading By Dixon. Result: pass.Lower
- Aug 19Read third time. Passed. (Ayes 76. Noes 0. Page 6260.) Ordered to the Senate.Passed Assembly
- Aug 6Ordered to third reading.Minor
- Aug 6Read third time and amended.Major
- Jun 29Ordered to third reading.Minor
- Jun 29From consent calendar on motion of Assembly Member Aguiar-Curry.
- Jun 25Read second time. Ordered to consent calendar.Minor
- Jun 24From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (June 24).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Jun 9From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 9). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- May 11Referred to Com. on JUD.Minor
- Apr 30In Assembly. Read first time. Held at Desk.Minor
- Vote recorded Consent Calendar 2nd. Result: pass.Upper
- Apr 30Read third time. Passed. (Ayes 36. Noes 0. Page 4114.) Ordered to the Assembly.Passed Senate
- Apr 28Read second time. Ordered to consent calendar.Minor
- Apr 27From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.Minor
- Apr 17Set for hearing April 27.
- Apr 15From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3869.) (April 14). Re-referred to Com. on APPR.Minor
- Apr 14
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Apr 9Set for hearing April 14.
- Apr 8Re-referred to Com. on JUD.Minor
- Mar 23From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Mar 4Referred to Com. on RLS.Minor
- Feb 20From printer. May be acted upon on or after March 22.
- Feb 19Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced