The California State Legislature is gearing up for an active 2026 session with several critical two-year bills still pending. These bills touch on family law, probate, estate planning, and eldercare—areas that directly impact California families.
If you’re planning your estate, managing a trust, or navigating probate in California, understanding these legislative changes is essential. Here’s what to watch in 2026.
What Are Two-Year Bills?
California operates on a two-year legislative cycle. Bills introduced in odd-numbered years (like 2025) can continue into the following even-numbered year (2026). This gives legislators more time to refine complex legislation affecting families, estates, and legal rights.
Several pending bills could significantly change how Californians approach estate planning, probate administration, and family law matters.
Key Bills to Watch in 2026
1. Family Law Reform Bills
Several bills aim to modernize California family law, including proposals that could affect how family courts handle:
- Parental rights and custody arrangements
- Guardianship proceedings
- Child support enforcement
- Domestic violence protections
For estate planning purposes, changes to family law can impact who qualifies as a beneficiary, how assets pass to children from blended families, and guardianship designations in trusts and wills.
2. Probate Code Amendments
Proposed amendments to California’s Probate Code could streamline certain procedures, including:
- Small estate affidavit thresholds
- Spousal property petitions
- Trust administration requirements
- Creditor claims processes
Even minor probate reforms can significantly impact estate settlement timelines and costs.
3. Elder Abuse and Financial Exploitation Protections
California continues to strengthen protections against elder financial abuse. Pending legislation may:
- Expand mandatory reporting requirements
- Increase penalties for financial exploitation
- Require additional safeguards for powers of attorney
- Enhance oversight of conservatorships
These changes directly affect how you structure your estate plan, especially if you’re naming agents under powers of attorney or creating trusts to protect aging family members.
4. Digital Assets and Estate Planning
As California modernizes its approach to technology, expect bills addressing:
- Digital asset access after death
- Cryptocurrency inheritance rules
- Social media account management
- Electronic signatures for estate documents
If your estate includes digital assets, cryptocurrencies, or online accounts, these bills could change how you address them in your estate plan.
Why These Bills Matter for Your Estate Plan
Legislative changes can render portions of your existing estate plan outdated or ineffective. For example:
- Guardianship provisions in your will may need updating if family law reforms change custody standards
- Trust administration procedures might need revision if probate code amendments take effect
- Power of attorney documents could require new safeguards if elder abuse protections are strengthened
- Digital asset clauses may become necessary if new laws govern online account access
How to Stay Informed
California’s legislative session runs from January through August (with breaks). Bills can move quickly once they gain momentum. Key dates to watch:
- January – February: Committee hearings begin
- May – June: Critical deadline for bills to pass their house of origin
- August – September: Final votes and governor’s signature deadline
Your estate planning attorney should monitor these developments and recommend updates to your plan when necessary.
Review Your Estate Plan Now
Don’t wait for new laws to take effect. California estate planning best practices recommend reviewing your plan:
- Every 3-5 years
- After major life events (marriage, divorce, birth, death)
- When significant legislation passes
- If you move to or from California
A proactive review ensures your estate plan remains legally sound and aligned with your wishes—regardless of what the legislature does in 2026.
Need Expert Estate Planning Guidance?
California estate planning law is complex and constantly evolving. Don’t navigate it alone.
California Probate and Trust, PC has helped thousands of California families protect their assets and plan for the future.
📞 Call us today:
- Main Office: 866-400-0058
- Direct: 916-963-9968
About the Author: Dustin MacFarlane, Esq.
California Licensed Attorney | Estate Planning Specialist
Dustin MacFarlane is the founder of California Probate and Trust, PC, with over 15 years of experience in estate planning, probate administration, and trust law. Licensed by the California State Bar, Dustin has helped thousands of California families protect their assets and plan for the future.
CA Bar License: Active | Practice Areas: Estate Planning, Probate, Trust Administration | Location: Granite Bay, CA