Trusts and Estates

Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 3, 2024

IS PROBATE DYING? A LOOK AT AB 2016 AND A SURVEY OF PROBATE ADMINISTRATION STATUTES FOR CALIFORNIA PRACTITIONERS PREPARING FOR THE FUTURE

Written by Lisa B. Roper, Esq.* and Kristen E. Caverly, Esq.*

I. SYNOPSIS

Are we on the brink of significant changes to California probate procedures? This article, the first in a two-part series, reviews the current California probate statutes familiar to practitioners and anticipates the changes likely to come in 2025. This article also examines probate laws in other states to query whether California’s administration procedures may be subject to modernization.

Part two of this article will track the legislative progress of Assembly Bill No. 2016 (2023-2024 Reg. Sess.) (hereinafter "AB 2016") and provide practitioners with a comprehensive summary of the pending legislation. It will explore whether California’s probate administration procedures are due for change and offer the authors’ comments on how the administration process could be modernized while preserving the comprehensive protections against elder abuse and undue influence recognized under California law.

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