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TRUSTS and ESTATES SECTION - The State Bar of California

TRUSTS and ESTATES SECTION - The State Bar of California 2025

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The document outlines a legislative proposal by the Trusts and Estates Section of the State Bar of California for the Elective Administration of Decedents' Estates. It aims to amend the Probate Code to allow eligible beneficiaries to choose between Elective Administration and formal court-supervised administration in specific situations, thereby reducing unnecessary burdens on the courts and streamlining estate management. The proposal emphasizes that this option is limited to cases where there is a sole adult beneficiary or a trustee of a pour-over will, allowing for more efficient property distribution while maintaining protections for creditors and beneficiaries.

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How much money can you have and avoid probate in California?

What California Law Says About Avoiding Probate. Pursuant to California law, assets outside of a Trust which do not have a beneficiary named, that are in your name alone, that do not exceed $150,000 collectively do not require probate.

What probate code is heirs at law?

Heir means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction.

What is the probate Code Section 6300?

(a) Trust includes the following: (1) An express trust, private or charitable, with additions thereto, wherever and however created.

What is Section 21310 of the California probate Code?

Probate Code Section 6300 states that a decedent may validly devise property to a trustee where the terms of the trust are set forth in an instrument executed before or concurrently with the decedents will.

What probate code is beneficiary?

Beneficiary means a person to whom a donative transfer of property is made or that persons successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee.

What is the new probate law in California?

Californias new probate law makes the process easier and allows for a smoother transition of the decedents estate to their successors. The law goes into effect in April 2025. Some key components of the new law are as follows: Allows for a simple transfer of primary residences of up to $750,000 from decedent to heirs.

What is Section 16061.7 of the California probate Code?

Section 21310 of the Probate Code recognizes three types of contests that can be the subject of a no-contest clause: (1) a direct contest that is brought without probable cause; (2) a pleading to challenge a transfer of property on the grounds that it was not the transferors property at the time of the transfer; and

TRUSTS and ESTATES SECTION - The State Bar of California 2025

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