-- Last revised 1/26/17 --
Nonprobate Transfers: Creditor Claims and Family Protection - Study L-4100
The dominant trend in estate planning and administration over the past
half century has been the rise of the nonprobate transfer. A nonprobate transfer is a transfer
of property that occurs on the death of the decedent and that passes property to a beneficiary
outside of regular probate channels. While the probate process provides well-developed procedures
for the payment of a decedent's creditors and for support of a decedent's dependents, those procedures
do not apply if the decedent's estate passes entirely outside of probate. The law governing nonprobate
transfers does not comprehensively address those concerns.
The Commission's former executive secretary, Nathaniel Sterling, has prepared a comprehensive background study of the treatment of creditor claims and family protections, with respect to property passing outside of probate. The study discusses existing California law and the law of other jurisdictions. It concludes with recommendations for reform.
The Commission is conducting a study of the issues discussed in the background study. If you have questions or comments on this study, send an e-mail to Kristen Burford at firstname.lastname@example.org.
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
- Background Study
- Subscribe to Receive Notice of New Materials
- Memo 2017-7 -- Nonprobate Transfers: Creditor Claims and Family Protection (Reactivation of Study) (01/26/17)
- Memo 2013-25 -- Nonprobate Transfers: Creditor Claims and Family Protection (Introduction of Study) (05/31/2013)
- Memo 2010-27 -- Nonprobate Transfers: Creditor Claims and Family Protection (Background Study) (05/24/2010)
- Liability of Nonprobate Transfer for Creditor Claims and Family Protections -- Nathaniel Sterling (June 2010)
SubscribeIf you would like to receive email notification when new materials relating to this study are added to the website, please subscribe by entering your email address and clicking the "submit" button.
Every message sent to you under this subscription will include instructions on how to unsubscribe.
Your email address will not be shared with any other person or group.