Bill Text: CA AB2016 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2016 (Prior Session Legislation)

CA State Legislature page for AB2016

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Decedents’ estates.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-09-21 - Chaptered by Secretary of State - Chapter 331, Statutes of 2024. [AB2016 Detail]

Download: California-2023-AB2016-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2016

Introduced by Assembly Member Maienschein

January 31, 2024

An act to amend Sections 890, 6602, 13151, 13154, and 13200 of the Probate Code, relating to estates.

LEGISLATIVE COUNSEL'S DIGEST

AB 2016, as introduced, Maienschein. Estates: small estates.

Existing law authorizes procedures to dispose of a decedent’s personal and real property that is valued below specified dollar amounts without a full probate administration. Existing law requires, on April 1, 2022, and at each 3-year interval ending on April 1 thereafter, the Judicial Council to adjust the dollar amounts under these provisions, as specified.

This bill would, starting April 1, 2025, and until March 31, 2028, increase the specified dollar amounts for a small estate to qualify for disposition without a full probate administration to $750,000.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 890 of the Probate Code is amended to read:

890.

(a) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, the dollar amounts specified in Chapter 6 (commencing with Section 6600) of Part 3 of Division 6 and in Division 8 (commencing with Section 13000) in effect immediately before that date shall be adjusted as provided in subdivision (b).

(b) ~~The~~ (1) On April 1, 2022, and at each three-year interval ending on April 1 thereafter, through March 31, 2025, the Judicial Council shall determine the amount of the adjustment based on the change in the United States city average of the “Consumer Price Index for All Urban Consumers,” as published by the United States Bureau of Labor Statistics, from the December that is 40 months prior to the adjustment to the December immediately preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25).

(2) For the period starting April 1, 2025, through March 31, 2028, the adjusted amount shall be seven hundred fifty thousand dollars ($750,000).
(3) On April 1, 2028, and at each three-year interval on April 1 thereafter, the Judicial Council shall determine the amount of the adjustment based on the change in the United States city average of the “Consumer Price Index for All Urban Consumers,” as published by the United States Bureau of Labor Statistics, from the December that is 40 months prior to the adjustment to the December immediately preceding the adjustment, with each adjusted amount rounded to the nearest twenty-five dollars ($25).

(c) Beginning April 1, 2022, the Judicial Council shall, after adjusting the amounts as directed in subdivision (b), publish a list of the current dollar amounts for the provisions identified in subdivision (a), together with the date of the next scheduled adjustment.

(d) Adjustments made under subdivision (a) do not apply when the decedent’s death preceded the date of adjustment.

SEC. 2.

Section 6602 of the Probate Code is amended to read:

6602.

A petition may be filed under this chapter requesting an order setting aside the decedent’s estate to the decedent’s surviving spouse and minor children, or one or more of them, as provided in this chapter, if the net value of the decedent’s estate, over and above all liens and encumbrances at the date of death and over and above the value of ~~any~~ a probate homestead interest set apart out of the decedent’s estate under Section 6520, does not exceed ~~eighty-five thousand nine hundred dollars ($85,900),~~ seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890.

SEC. 3.

Section 13151 of the Probate Code is amended to read:

13151.

Exclusive of the property described in Section 13050, if a decedent dies leaving real property in this state and the gross value of the decedent’s real and personal property in this state does not exceed ~~one hundred sixty-six thousand two hundred fifty dollars ($166,250),~~ seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890, and 40 days have elapsed since the death of the decedent, the successor of the decedent to an interest in a particular item of property that is real property, without procuring letters of administration or awaiting the probate of the will, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order determining that the petitioner has succeeded to that real property. A petition under this chapter may include an additional request that the court make an order determining that the petitioner has succeeded to personal property described in the petition.

SEC. 4.

Section 13154 of the Probate Code is amended to read:

13154.

(a) If the court makes the determinations required under subdivision (b), the court shall issue an order determining (1) that real property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property and (2) if the petition so requests, that personal property, to be described in the order, of the decedent is property passing to the petitioners and the specific property interest of each petitioner in the described property.

(b) The court may make an order under this section only if the court makes all of the following determinations:

(1) The gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, does not exceed ~~one hundred sixty-six thousand two hundred fifty dollars ($166,250),~~ seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890.

(2) Not less than 40 days have elapsed since the death of the decedent.

(3) Whichever of the following is appropriate:

(A) No proceeding is being or has been conducted in this state for administration of the decedent’s estate.

(B) The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.

(4) The property described in the order is property of the decedent passing to the petitioner.

(c) If the petition has attached an inventory and appraisal that satisfies the requirements of subdivision (b) of Section 13152, the determination required by paragraph (1) of subdivision (b) of this section shall be made on the basis of the verified petition and the attached inventory and appraisal, unless evidence is offered by a person opposing the petition that the gross value of the decedent’s real and personal property in this state, excluding the property described in Section 13050, exceeds ~~one hundred sixty-six thousand two hundred fifty dollars ($166,250),~~ seven hundred fifty thousand dollars ($750,000), as adjusted periodically in accordance with Section 890.

SEC. 5.

Section 13200 of the Probate Code is amended to read:

13200.

(a) No sooner than six months from the death of a decedent, a person or persons claiming as successor of the decedent to a particular item of property that is real property may file in the superior court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in this state at the time of death, then in any county in which real property of the decedent is located, an affidavit in the form prescribed by the Judicial Council pursuant to Section 1001 stating all of the following:

(1) The name of the decedent.

(2) The date and place of the decedent’s death.

(3) A legal description of the real property and the interest of the decedent therein.

(4) The name and address of each person serving as guardian or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to the affiant.

(5) “The gross value of all real property in the decedent’s estate located in California, as shown by the inventory and appraisal attached to this affidavit, excluding the real property described in Section 13050 of the California Probate Code, does not exceed [Insert dollar amount specified in subdivision (h)].”

(6) “At least six months have elapsed since the death of the decedent as shown in a certified copy of decedent’s death certificate attached to this affidavit.”

(7) Either of the following, as appropriate:

(A) “No proceeding is now being or has been conducted in California for administration of the decedent’s estate.”

(B) “The decedent’s personal representative has consented in writing to use of the procedure provided by this chapter.”

(8) “Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.”

(9) “The affiant is the successor of the decedent (as defined in Section 13006 of the Probate Code) and to the decedent’s interest in the described property, and no other person has a superior right to the interest of the decedent in the described property.”

(10) “The affiant declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b) For each person executing the affidavit, the affidavit shall contain a notary public’s certificate of acknowledgment identifying the person.

(c) An inventory and appraisal of the decedent’s real property in this state, excluding the real property described in Section 13050, shall be attached to the affidavit. The inventory and appraisal of the real property shall be made as provided in Part 3 (commencing with Section 8800) of Division 7. The appraisal shall be made by a probate referee selected by the affiant from those probate referees appointed by the Controller under Section 400 to appraise property in the county where the real property is located.

(d) If the affiant claims under the decedent’s will and no estate proceeding is pending or has been conducted in California, a copy of the will shall be attached to the affidavit.

(e) A certified copy of the decedent’s death certificate shall be attached to the affidavit. If the decedent’s personal representative has consented to the use of the procedure provided by this chapter, a copy of the consent and of the personal representative’s letters shall be attached to the affidavit.

(f) If the decedent dies on or after April 1, 2022, the list of adjusted dollar amounts, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death shall be attached to the affidavit.

(g) The affiant shall deliver pursuant to Section 1215 a copy of the affidavit and attachments to ~~any~~ a person identified in paragraph (4) of subdivision (a).

(h) (1) ~~When the~~ For a decedent who dies prior to April 1, 2022, the dollar amount for paragraph (5) of subdivision (a) is fifty-five thousand four hundred twenty-five dollars ($55,425).

(2) For a decedent who dies on or after April 1, 2022, and prior to April 1, 2025, the dollar amount for paragraph (5) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect as of April 1, 2022.
~~(2)When the~~
(3) For a decedent who dies on or after April 1, 2025, and prior to April 1, 2028, the dollar amount for paragraph (5) of subdivision (a) is seven hundred fifty thousand dollars ($750,000).

(4) For a decedent who dies on or after April 1, ~~2022,~~ 2028, the dollar amount for paragraph (5) of subdivision (a) is the adjusted dollar amount, published in accordance with subdivision (c) of Section 890, in effect on the date of the decedent’s death.