If you’ve been named as an executor or personal representative in California, you’re facing new legal obligations starting January 1, 2026. Understanding these changes is critical to avoid personal liability and fulfill your fiduciary duties properly.
What Changed in California Probate Law?
Two significant pieces of legislation—AB 1521(the Judiciary Omnibus Bill) and AB 565—have fundamentally altered probate notice requirements in California. These changes took effect on January 1, 2026, and apply to all estates with letters issued on or after that date.
Critical New Requirement: Notice to Department of Child Support Services
As a personal representative, you now have a fourth mandatory notice requirement under California Probate Code section 9202. Here’s what you need to know:
- Who must receive notice: The Director of the Department of Child Support Services (DCSS)
- When it applies: If you know or have reason to believe the deceased had an existing child support obligation before death
- Time limit for claims: DCSS has four months from the date of notice to file claims against the estate
- Significance: This is the first major addition to these notice provisions since 2007
Important distinction: Unlike some other notice requirements, this provision applies only to child support obligations of the decedent themselves—not their heirs or beneficiaries.
What Are the Other Required Notices?
In addition to the new DCSS requirement, personal representatives must continue providing notice to:
- Department of Health Care Services
- Director of the Victim Compensation Board
- Franchise Tax Board
All four notices must be served upon issuance of letters to a personal representative.
Streamlined Trust and Estate Administration: Changes to Probate Code Section 15804
AB 565 repealed and recast Probate Code section 15804, creating new efficiencies for executors and trustees dealing with contingent beneficiaries.
What Does This Mean for You as an Executor?
Previously, dealing with contingent interests often required appointing a guardian ad litem (GAL), adding complexity and delay to estate proceedings. The new law addresses this by:
- Allowing class representation: Living members of certain beneficiary classes can now represent and bind other potential class members
- Reducing procedural hurdles: This should eliminate many GAL appointments that were previously necessary
- Providing clear authority: The statute specifies who can and cannot bind class members
Who Can Represent and Bind Beneficiaries?
The revised statute clarifies representation authority in common fiduciary relationships:
- Parents may represent minor children and subsequently born children (if no GAL appointed)
- Conservators may represent conservatees
- Guardians of the estate may represent wards
- Agents with proper authority may represent principals
- Trustees may represent trust beneficiaries
- Personal representatives may represent estates
- Persons with substantially identical interests may represent other unrepresented persons
Important Limitations on Representation
A class member cannot be bound when:
- The class member and representative have a conflict of interest regarding the matter
- A settlor is attempting modification or termination of an irrevocable trust
How Do These Changes Protect You From Personal Liability?
AB 565 includes important protections for fiduciaries:
- Consent mechanism: Creates a process for parties to consent to representation
- Limited liability: Reduces a fiduciary’s liability when relying on representation made under the new section
- Clear procedures: Provides specific guidance on proper representation, reducing the risk of procedural errors
What Should You Do Now?
If you’re serving as an executor or personal representative in California:
- Update your procedures immediately to include the new DCSS notice requirement for applicable estates
- Review contingent beneficiary situations to determine whether the new representation rules apply to your case
- Consult with experienced probate counsel to ensure you’re meeting all current legal obligations
- Document your notice efforts carefully to protect yourself from future liability claims
Remember: The four-month deadline for DCSS claims begins when you provide proper notice. Missing this notice requirement could extend your exposure to claims indefinitely.
Get Expert Guidance on California Probate Administration
Navigating California’s evolving probate laws requires specialized knowledge and attention to detail. At California Probate & Trust, our certified estate planning specialists help executors and personal representatives fulfill their legal duties while avoiding costly mistakes and personal liability.
Our probate administration services include:
- Complete guidance through all required notice procedures
- Asset identification and inventory preparation
- Creditor claim management and debt resolution
- Tax compliance and dispute resolution
- Distribution planning and implementation
We’ve represented thousands of clients across California from our offices in Fair Oaks, Sacramento, and San Francisco. Our compassionate approach ensures you understand each step of the process while we handle the complex legal requirements.
Schedule your FREE consultation today: Contact California Probate & Trust or call (866) 674-1130 to discuss your specific situation with an experienced probate attorney.
Don’t let new probate requirements put you at risk. Get the expert support you need to fulfill your duties confidently and protect yourself from personal liability.
Source: Original analysis based on AB 1521 (Judiciary Omnibus Bill) and AB 565, effective January 1, 2026. For complete legislative text, visit the California Legislative Information website.