If you’re a California resident managing a trust, serving as a personal representative, or planning your estate, two new laws passed in 2025 will directly impact how trusts and estates are administered in California. These changes aim to reduce administrative complexity and bring greater clarity to the probate process.
Who This Article Is For:
Source: How California Is Fine-Tuning Trust and Estate Administration
What Changed? An Overview of California’s 2025 Trust and Estate Reforms
California enacted two significant pieces of legislation in 2025 that modernize trust and estate administration:
These laws represent California’s incremental approach to probate reform, designed to streamline administration and make the state more competitive with jurisdictions like Nevada, Wyoming, South Dakota, and Delaware.
AB-565: How Virtual Representation Simplifies Trust Notices
What Is Virtual Representation?
Virtual representation allows one beneficiary to legally represent another beneficiary who is similarly situated with respect to trust matters. This means that in certain circumstances, not every beneficiary needs to receive individual notice of trust proceedings.
Why Does This Matter for Your Trust?
Before AB-565, California’s notice requirements could be complicated, especially when beneficiaries included minors, incapacitated persons, or unknown individuals. Trustees often had to navigate complex procedures to ensure proper notice, which could delay routine trust administration.
AB-565 rewrites California Probate Code Section 15804 to align with the Uniform Trust Code and bring California in line with 47 other states that already use virtual representation.
Who Can Represent Whom?
Under the revised Section 15804, the following individuals can represent and bind others:
Real-World Impact: When Will This Help?
This change will be most helpful in situations such as:
Additionally, AB-565 allows holders of a power of appointment to virtually represent potential appointees, which may encourage more use of such powers in estate planning.
Important Caution for Practitioners
While AB-565 streamlines notice requirements, careful attorneys may still provide full notice in contested matters or divisive situations to avoid future litigation over lack of notice. An undisclosed conflict of interest between a beneficiary and their representative could lead to costly disputes.
AB-1521: New Notice Requirements for Child Support Obligations
What Personal Representatives Must Do
For estates with letters issued on or after January 1, 2026, AB-1521 adds a new duty under Probate Code Section 9202:
Why This Matters for Estate Administration
This change brings certainty to estates by establishing a clear four-month deadline for child support claims. Personal representatives and their attorneys can have confidence that additional claims won’t unexpectedly delay or complicate closing the estate.
The 90-day and four-month deadlines mirror existing requirements for notifying the California Victim Compensation Board and Director of Health Care Services.
How These Laws Make California More Competitive for Trusts
California has long competed with other states that offer more streamlined trust administration and favorable tax treatment. By reducing administrative friction through virtual representation and clarifying deadlines for estate claims, California aims to become more attractive to settlors establishing trusts.
However, practitioners may proceed cautiously until courts provide additional clarification on how these new rules will be applied in practice.
What Should You Do Now?
If you’re a California resident with a trust, serving as a trustee or personal representative, or planning your estate, consider these action steps:
How California Probate and Trust Can Help
At California Probate and Trust, PC, we help California residents navigate complex trust administration and estate planning with transparency and compassion. Our experienced attorneys stay current on legislative changes like AB-565 and AB-1521 to ensure your trust or estate is managed efficiently and in full compliance with California law.
Whether you’re establishing a new trust, administering an existing one, or serving as a personal representative, we provide the one-stop-shop legal and financial guidance you need to protect your family and legacy.
Schedule your FREE consultation today by calling (866)-674-1130 or visiting cpt.law.
Legal Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on California law as of January 2026 and may be subject to change. Every trust and estate situation is unique, and the application of these laws may vary depending on specific circumstances. For advice regarding your particular situation, please consult with a qualified California estate planning attorney. No attorney-client relationship is created by reading this article or contacting California Probate and Trust, PC through this website.