New California Probate Laws in 2026 and What They Mean for Heirs

California lawmakers are moving at least nine bills through the 2025 to 2026 session that change the state Probate Code. The new California probate laws cover powers of attorney, conservatorship accounting, nonprobate transfers, community property in trusts, public administrators, and creditor notice. As of June 2026, one has cleared the Legislature and is awaiting the Governor's signature. The rest are still in committee or on the floor. Below we cover what each bill does, where it stands, and what it means if you are an heir waiting on an estate to close.

None of these bills change the one thing most heirs care about most, which is how long probate takes. A California estate still runs well over a year on a clean case, and far longer when there is real property to sell or a dispute among heirs. We come back to that reality at the end, because it is where most of our customers are standing right now.

What is changing in California probate law in 2026?

Nine bills in the 2026 session amend the California Probate Code, covering power of attorney forms, conservatorship and guardianship accounting, nonprobate transfers of securities, community property held in trust, public guardian and administrator duties, and notice to child support agencies. Most aim to modernize or clarify existing rules rather than overhaul the system.

Here is the slate, with each bill's status as of June 2026. A bill is not law until it passes both houses and the Governor signs it, so treat anything marked "in committee" or "on the floor" as proposed, not final.

Bill	What it changes	Status (June 2026)
AB 2199	Rewrites the statutory power of attorney form	Passed Legislature, awaiting Governor
AB 2090	Raises conservatorship accounting exemption limits	Senate floor
SB 1288	Beneficiary protections for nonprobate (TOD) transfers	Assembly floor
SB 1189	Advance directive rules for nursing home patients	Concurrence pending
AB 2658	Clarifies funding a trust with community property	In committee
SB 1264	Narrows the child support notice duty in probate	In committee
AB 1660	Public guardian and administrator certifications	In committee
AB 2283	Creates a State Public Guardian office	In committee
SB 561	Deadlines for public guardian investigations	In committee

The power of attorney form gets its first major update in years

AB 2199 rewrites California's statutory form power of attorney to allow successor agents, let you nominate your agent as conservator, and add authority over digital assets. It is the furthest along of the 2026 probate bills, having passed both houses in June 2026.

A power of attorney lets you name an agent to handle your finances if you cannot. The current statutory form, set out at Probate Code Section 4401, has not kept pace with how people live. AB 2199 repeals and replaces that section and adds a new Section 4466. If signed, the updated form would take effect in 2027 and would let you do three things the old form did not handle cleanly:

• Name a successor agent who steps in if your first choice cannot serve.
• Nominate your agent to serve as conservator of your estate if a court ever needs to appoint one.
• Grant authority over digital assets, including the contents of email and other electronic communications, tied to California's Revised Uniform Fiduciary Access to Digital Assets Act.

For families, the practical effect is fewer gaps. A power of attorney that names a backup agent and addresses online accounts is less likely to leave heirs locked out of a parent's finances when something goes wrong.

Conservatorship and guardianship accounting limits would rise

AB 2090 would roughly double the asset and income limits that let a conservator or guardian skip a formal court accounting. The net value cap would move from under $15,000 to under $30,000, and the monthly income cap from under $2,000 to under $3,200.

Conservators and guardians normally have to file detailed accountings with the probate court. Probate Code Section 2628 lets the court excuse that paperwork for very small estates. Those dollar limits had not been updated in years, so inflation alone pushed many modest estates over the line and into costly filings. AB 2090 raises the thresholds, which would spare smaller estates the time and expense of a full accounting. The bill sat on the Senate floor consent calendar as of June 2026, a sign it is moving with little opposition.

New protections for nonprobate transfers and trusts

Two bills target assets that pass outside of probate. SB 1288 adds beneficiary protections to transfer-on-death (TOD) securities, and AB 2658 clarifies how a married person can fund a trust with community property.

Transfer-on-death securities (SB 1288)

SB 1288 deals with stocks and other securities registered to pass directly to a named beneficiary when the owner dies, no probate required. The bill would require the brokerage or registering entity to actually notify each named beneficiary after the owner's death, limit the personal information it can demand before paying out, bar it from forcing a beneficiary to open an account, and require payment within 60 days of completed paperwork. It would apply to deaths on or after January 1, 2027.

Community property in a trust (AB 2658)

AB 2658 addresses a quieter question that trips up estate planning. It would confirm that a spouse may move their half of the community property into a trust to control where it goes at death, and that the property stays community property unless both spouses agree otherwise in writing. If you are weighing how to title assets, our guide to wills versus trusts covers the basics of why this matters.

More oversight of public guardians, administrators, and creditor notice

Four bills tighten the rules for public officials and creditors involved when no family member can act. They matter most when someone dies or is incapacitated with no one available to step in.

Public guardians and administrators

When a person dies with no will and no relative willing to serve, the county public administrator handles the estate. When an incapacitated adult has no one to manage their affairs, the public guardian steps in. Three of the 2026 bills adjust how those offices operate:

• AB 1660 would extend the property-control certifications used by public guardians and administrators from 30 to 60 days, let courts sanction banks at least $1,000 for ignoring valid certifications, and update the required forms.
• AB 2283 would create a State Public Guardian office inside the Department of Social Services to train and support county public guardians and conservators.
• SB 561 would require a public guardian to finish a conservatorship investigation within 15 business days, absent good cause, so families are not left waiting on a referral.

Creditor notice and child support (SB 1264)

SB 1264 would narrow the duty to notify the child support agency of a death, applying it only when the personal representative has actual knowledge of a support obligation, for estates opened on or after January 1, 2027. A child support arrears claim is a creditor claim against the estate, so the rule affects how much ultimately reaches the heirs.

If a parent or relative died without a will, the rules for who inherits and who administers the estate are set by statute. Our explainer on dying without a will in California walks through how that plays out.

What these changes mean if you are waiting on an inheritance

Most of these bills make probate cleaner at the edges. None make it faster. If you are an heir who needs money now, a probate advance is still the option that does not depend on the court's calendar.

Here is the gap the new laws do not close. Even a clean California estate takes 12 to 18 months to distribute, according to the California Courts self-help center. Add a house to sell, a creditor claim, or a disagreement among heirs, and it stretches past two years. We see the same thing every week. The will is clear, the inheritance is real, and the heir still cannot touch it for a year or more.

A probate advance bridges that gap. You sell a portion of your expected inheritance for a lump sum now, and the funder collects from your share when the estate closes. CSF advances $3,000 to $250,000, often the same day you request one when the basic case information is in hand. There is no credit check, no monthly payment, and no interest. The advance is non-recourse, which means if the estate pays out less than expected, you keep your money and owe nothing back.

One point worth knowing before you shop. Many companies advertising probate advances are brokers who arrange funding through a third party. CSF is a direct funder that uses its own capital and decides in house, and it rebates part of the fee if the estate distributes earlier than projected. If you want the mechanics, our breakdown of inheritance advance versus inheritance loan shows exactly how the cost is set on day one.

Have a probate case open and need to know what your share could be worth? Call us at (800) 317-3769 or use the probate advance calculator to see an estimated range for your situation.

Frequently Asked Questions

Are these California probate bills already law?

No. As of June 2026, only AB 2199, the power of attorney update, has passed both houses, and it is awaiting the Governor's signature. The others are still in committee or on the floor. A bill becomes law only after both houses pass it and the Governor signs it, and most take effect the following January.

Does any 2026 bill make probate faster in California?

No bill in the 2026 session shortens the core probate timeline. A typical California estate still takes 12 to 18 months to close. Several bills speed up narrow steps, such as public guardian investigations and security transfers, but the overall court process is unchanged.

What does AB 2199 change about powers of attorney?

AB 2199 rewrites California's statutory power of attorney form. It would let you name a successor agent, nominate your agent to serve as conservator, and grant authority over digital assets like email accounts. If signed, the updated form would take effect in 2027.

Can I get money from my inheritance before these laws take effect?

Yes. A probate advance lets you access $3,000 to $250,000 of your expected inheritance now, regardless of pending legislation. Approval is based on the estate, not your credit. CSF is repaid from the estate when probate closes, so you make no monthly payments while you wait.

Where can I read the actual bill text?

Every California bill is posted on the Legislature's official site at leginfo.legislature.ca.gov. Search the bill number, such as AB 2199 or SB 1288, to read the full text, the Legislative Counsel's plain-language digest, and the bill's current status and history.

Should I talk to an attorney about how these changes affect my estate plan?

Yes, if you have questions about your own documents. This article is general information about pending legislation, not guidance for your specific situation. An estate planning attorney can tell you whether to update your power of attorney or trust once any of these bills is signed into law.