Trusts and Estates

Ca. Trs. & Estates Quarterly VOLUME 31, ISSUE 1, 2025

MCLE SELF-STUDY ARTICLE ASSEMBLY BILL 2016: A STUDY OF NEW LEGISLATION

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

I. SYNOPSIS

On September 21, 2024, Assembly Bill No. 2016 (2023-2024 Reg. Sess.) ("AB 2016") was signed into California law, amending six sections and repealing one section of the Probate Code.01 As of April 1, 2025, as a result, California law authorizes transfers of a decedent’s primary residence valued at $750,000 or less (adjusted for inflation beginning April 1, 2028) by summary petition and without formal probate administration.02 AB 2016 amendments also exclude the value of real estate so transferred from the gross value of a decedent’s estate for purposes of a small estate affidavit.03 This article studies amendments to the Probate Code operation of these statutes post-enactment of AB 2016.

II. ASSEMBLY BILL 2016, AS ENACTED

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