Brian Maienschein
- Democratic
- Assemblymember
- District 76
Author
Existing law establishes procedures through which a successor of the decedent may, without procuring letters of administration or awaiting probate of the will, dispose of a decedent's real and personal property by utilizing an affidavit or declaration under penalty of perjury if the gross value of the decedent's estate does not exceed $166,250. Existing law also establishes procedures through which a successor of the decedent may, without procuring letters of administration or awaiting probate of the will, dispose of a decedent's real property by filing a petition in the superior court if the gross value of the decedent's real property does not exceed $166,250. Existing law excludes certain property from the determination of the value of the estate, including property held in joint tenancy. Existing law requires the Judicial Council to adjust the dollar amounts under these provisions, as specified, every 3 years. This bill would exclude real property that was included in a petition to the superior court from the affidavit procedures. The bill would change the petition procedures to apply only to real property that was the decedent's primary residence in this state and has a gross value that does not exceed $750,000 or the amount specified by Judicial Counsel after review. The bill would require a successor who files a petition to deliver notice of the petition to each heir and devisee named in the petition. The bill would specify that, for these purposes, "primary residence" is not limited to the decedent's residence at the time of their death.
Chaptered by Secretary of State - Chapter 331, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly Rule 77 suspended.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (July 2).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 10).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 12). Re-referred to Com. on APPR.
From printer. May be heard in committee March 2.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2016 | HTML |
| 01/31/24 - Introduced | |
| 06/06/24 - Amended Senate | |
| 08/19/24 - Amended Senate | |
| 08/29/24 - Enrolled | |
| 09/21/24 - Chaptered |
| Document | Format |
|---|---|
| 03/08/24- Assembly Judiciary | |
| 04/08/24- Assembly Appropriations | |
| 06/28/24- Senate Judiciary | |
| 07/31/24- Sen. Floor Analyses | |
| 08/20/24- Sen. Floor Analyses | |
| 08/27/24- ASSEMBLY FLOOR ANALYSIS |
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