SB1264 - Probate: notice of death for child support obligations.

Enrolled August 25, 2026 Passed IN Senate August 24, 2026 Passed IN Assembly August 19, 2026 Amended IN Assembly August 06, 2026 Amended IN Senate March 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1264 Introduced by Senator Valladares February 19, 2026 An act to amend Section 9202 of the Probate Code, relating to probate. LEGISLATIVE COUNSEL'S DIGEST SB 1264, Valladares. Probate: notice of death for child support obligations. Existing law sets forth the rules of practice applicable to probate. For estates for which letters testamentary or letters of administration are issued on or after January 1, 2026, existing law requires the general personal representative or the estate attorney of a decedent’s estate to provide notice of the decedent’s death to the Director of the Department of Child Support Services within 90 days after the date letters are first issued, if the general personal representative or estate attorney knows or has reason to believe the decedent has a child support obligation under an order issued by a court of competent jurisdiction. Existing law authorizes a local child support agency to assert a claim on the estate no later than 4 months after receiving this notice. This bill would instead require that notice to be provided for estates for which letters are issued on or after January 1, 2027, if the general personal representative or estate attorney has actual knowledge that the decedent has a child support obligation under an order issued by a court of competent jurisdiction or that an heir or a beneficiary of the estate has a child support obligation under an order issued by a court of competent jurisdiction. The bill would specify that it does not impose a duty to investigate whether or not a decedent or an heir or beneficiary of the estate is subject to a child support order. For a notice that the decedent is a child support obligor, the bill would authorize a local child support agency to assert a claim no later than 4 months after delivery of this notice. The bill would make its provisions inapplicable to the manner or timeframe for a local child support agency to pursue collection of a child support obligation. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 9202 of the Probate Code is amended to read: 9202. (a) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Director of Health Care Services notice of the decedent’s death in the manner provided in Section 215, or submitted electronically to the director through the department’s official internet website using the online notice of death form, if the general personal representative knows or has reason to believe that the decedent received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care. The director has four months after notice is given in which to file a claim. (b) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the director of the California Victim Compensation Board notice of the decedent’s death in the manner provided in Section 216 if the general personal representative or estate attorney knows that an heir or beneficiary is or has previously been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. The director of the board shall have four months after that notice is received in which to pursue collection of any outstanding restitution fines or orders. (c) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give the Franchise Tax Board notice of the administration of the estate. The notice shall be given as provided in Section 1215. (2) The provisions of this subdivision shall apply to estates for which letters are first issued on or after July 1, 2008. (d) Nothing in this section shall be interpreted as requiring the estate attorney, the beneficiary, the personal representative, or the person in possession of property of the decedent to conduct an additional investigation to determine whether a decedent has an heir or beneficiary who has been confined in a prison or facility under the jurisdiction of the Department of Corrections and Rehabilitation, or its Division of Juvenile Facilities, or confined in any county or city jail, road camp, industrial farm, or other local correctional facility. (e) (1) Not later than 90 days after the date letters are first issued to a general personal representative, the general personal representative or estate attorney shall give notice of the decedent’s death to the Director of the Department of Child Support Services, in the manner provided by Section 1215, or submitted electronically to the director through the department’s official internet website in a manner to be determined by the department, if the general personal representative or estate attorney has actual knowledge that the decedent had a child support obligation under an order issued by a court of competent jurisdiction or that an heir or a beneficiary of the estate has a child support obligation under an order issued by a court of competent jurisdiction. (2) This subdivision does not impose a duty on a personal representative or estate attorney to investigate whether or not a decedent or an heir or beneficiary of the estate is subject to a child support order. (3) For a notice that the decedent is a child support obligor, a local child support agency providing services pursuant to Division 17 (commencing with Section 17000) of the Family Code may assert a claim no later than four months after delivery of notice under this subdivision. (4) For a notice that a child support obligor is an heir or beneficiary of the estate, this subdivision does not alter, limit, or affect the manner or timeframe for a local child support agency to pursue collection of the child support obligation as provided under any other law. (5) This subdivision applies to estates for which letters are first issued on or after January 1, 2027.