-- Last revised 8/6/24 --
Nonprobate Transfers: Creditor Claims and Family Protections - 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 conducted a study of the issues discussed in the
background study.
Related Material
- Legislation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
- Background Study
Legislation
-
2022: Assembly Bill 1716 (Maienschein) [Estate Disposition]
Enacted. 2022 Cal. Stat. ch. 29
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Final Recommendation
- Nonprobate Transfers: Liability of a Surviving Spouse Under Probate Code Sections 13550 and 13551 -- (May 2019)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Nonprobate Transfers: Liability of a Surviving Spouse Under Probate Code Sections 13550 and 13551 (December 2018) -- Comments Due: 2/25/2019
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Meeting Minutes
- August 13, 2020 Meeting Zoom Teleconference
- May 21, 2020 Meeting Zoom Teleconference
- May 30, 2019 Meeting in Sacramento
- December 7, 2018 Meeting in Sacramento
- October 11, 2018 Meeting in Sacramento
- May 4, 2018 Meeting in Sacramento
- April 12, 2018 Meeting in Sacramento
- February 8, 2018 Meeting in Sacramento
- September 28, 2017 Meeting in Sacramento
- August 4, 2017 Meeting in Los Angeles
- June 8, 2017 Meeting in Sacramento
- February 2, 2017 Meeting in Sacramento
- June 13, 2013 Meeting in Sacramento
- June 15, 2010 Meeting in Sacramento
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Staff Memoranda
- Memo 2020-37 -- Nonprobate Transfers: Creditor Claims and Family Protections (Stakeholder Comment) (08/07/2020)
- Memo 2020-17 -- Nonprobate Transfers: Creditor Claims and Family Protections (Discussion of Issues) (05/14/2020)
- Memo 2019-30 -- Nonprobate Transfers: Creditor Claims and Family Protections (Draft Recommendation) (04/16/2019)
- Memo 2018-60 -- Nonprobate Transfers: Liability of a Surviving Spouse Under Probate Code Sections 13550 and 13551 (Draft Tentative Recommendation) (11/28/2018)
- Memo 2018-38 -- Nonprobate Transfers: Creditor Claims and Family Protections (Liability for Debts of Deceased Spouse (Probate Code §§ 13550-13554)) (08/08/2018)
- Memo 2018-15, Supp. 1 -- Nonprobate Transfers: Creditor Claims and Family Protections (Public Comment) (04/09/2018)
- Memo 2018-15 -- Nonprobate Transfers: Creditor Claims and Family Protections (Direction of Study) (04/05/2018)
- Memo 2018-6 -- Nonprobate Transfers: Creditor Claims and Family Protections (Request for Public Comment) (01/11/2018)
- Memo 2017-46 -- Nonprobate Transfers: Creditor Claims and Family Protections (Discussion of Issues) (09/20/2017)
- Memo 2017-36 -- Nonprobate Transfers: Creditor Claims and Family Protections (Discussion of Issues) (07/25/2017)
- Memo 2017-23, Supp. 1 -- Nonprobate Transfers: Creditor Claims and Family Protections (Public Comment) (05/19/2017)
- Memo 2017-23 -- Nonprobate Transfers: Creditor Claims and Family Protections (Discussion of Issues) (05/02/2017)
- 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)
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Background Study
- Liability of Nonprobate Transfer for Creditor Claims and Family Protections -- Nathaniel Sterling (June 2010)