Family Law and Probate

• AB 307 (Maienschein) Revises how receipts are allocated between income and principal for purposes of trust allocation under the Uniform Principal and Income Act (UPAIA).

An act to repeal and add Section 16350 of the Probate Code, relating to estates and trusts.

• AB 308 (Maienschein) This bill expands the notice provided to interested individuals in probate actions, specifically requiring the notice to include a description of the subject property and a description of the relief sought. Additionally, this bill clarifies the application of the Code of Civil Procedure’s discovery rules to the Probate Code, by adding to the Probate Code when a petitioner may commence discovery. This bill does not expand whom discovery may be obtained from or allow discovery to commence any earlier.

An act to amend Sections 851 and 1000 of, and to add Sections 851.1 and 17201.1 to, the Probate Code, relating to estates and trusts.

• AB 309 (Maienschein) This bill provides that a written instrument executed within 60 days after the execution of the testator’s will may be used to devise the testator’s property as long as the trust is identified in the testator’s will and its terms are set forth in the written instrument.

An act to amend Section 6300 of the Probate Code, relating to trusts.

• AB 369 (Waldron) Allows an appeal to be taken from a final order or judgment in a bifurcated family law proceeding regarding child custody or visitation rights.

An act to amend Section 904.1 of the Code of Civil Procedure, relating to appeals.

• AB 430 (Irwin) This bill authorizes, to the extent not prohibited by law and provided that the compensation is reasonable, specified officials, including retired judges and retired commissioners, to accept compensation for solemnizing a marriage. This bill contains an urgency clause and takes effect immediately.

An act to amend Section 400 of the Family Code, relating to marriage, and declaring the urgency thereof, to take effect immediately.

• AB 712 (Bloom) Allows a court that has transferred a family law case to retain jurisdiction to issue emergency orders.

An act to amend Section 399 of the Code of Civil Procedure, relating to civil actions.

• AB 953 (Baker) Allows a court to make information about a minor contained in a civil harassment or domestic violence protective order confidential, subject to a balancing test.

An act to amend Section 527.6 of the Code of Civil Procedure, and to add Section 6301.5 to the Family Code, relating to protective orders.

• AB 1332 (Bloom) Establishes a specific standard for removal of a dependent child from the physical custody of a noncustodial parent. Specifically, this bill provides that a dependent child may not be taken from the custody of a parent with whom the child did not reside at the time the dependency petition was initiated, unless the juvenile court finds clear and convincing evidence that it would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child for the parent to live with the child or otherwise have physical custody of the child, and there are no reasonable means by which the child’s physical and emotional health can be protected without removing the child from the parent’s physical custody.

An act to amend Section 361 of the Welfare and Institutions Code, relating to juveniles.

• AB 1396 (Burke) Eliminates the requirement that any parental rights of a surrogate be terminated when establishing the parental rights of the intended parents.

An act to amend Section 7962 of the Family Code, relating to parentage.

• AB 1401 (Maienschein) Clarifies that a court may issue a protective custody warrant for the protection of a child under specified circumstances when the child is not already the subject of a dependency petition.

An act to amend Section 340 of the Welfare and Institutions Code, relating to juveniles.

• AB 1692 (Committee on Judiciary) Seeks to improve the handling of family law issues in California.

An act to amend, repeal, and add Section 3170 of the Family Code, and to add Section 69619.6 to the Government Code, relating to the judiciary.

• SB 153 (Anderson) Updates the provisions regarding presumptive disqualification of donative transfers to certain individuals where fraud or undue influence is likely.

An act to amend Sections 21380, 21384, 21386, and 21392 of the Probate Code, relating to estates and trusts.

• SB 204 (Dodd) This bill enacts the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act, which authorizes the enforcement of a valid Canadian domestic violence protection order in a tribunal of this state under certain conditions. This bill prescribes the criteria for a determination of the validity of a protection order under these provisions, as specified, and authorizes the registration of such a protection order in the Domestic Violence Restraining Order System. This bill requires a law enforcement officer of this state to enforce a protection order under these provisions upon determining that there is probable cause to believe that a valid protection order exists and has been violated.

An act to add Part 6 (commencing with Section 6450) to Division 10 of the Family Code, relating to domestic violence.

• SB 213 (Mitchell) This bill streamlines the background check process for prospective foster and adoptive parents by establishing a list of non-exemptible crimes, a list of crimes for which an exemption may be granted and a list of crimes for which exemptions must be granted, absent a reasonable belief that the person is not of good character at present.

An act to amend Section 8712 of the Family Code, to amend Section 1522 of the Health and Safety Code, and to amend Section 16519.5 of, and to repeal and add Section 361.4 of, the Welfare and Institutions Code, relating to child placement.

• SB 333 (Anderson) This bill revises and recasts provisions relating the modification or termination of an irrevocable trust to delete the provision prohibiting a court from terminating an irrevocable trust that is subject to a valid restraint on the transfer of a beneficiary’s interest and instead authorize the court to terminate a trust with this restraint if the court finds good cause to do so. This bill specifies that a court is authorized to limit the class of beneficiaries whose consent is necessary to modify or terminate a trust when the class is described as “heirs” or “next of kin.” This bill also authorizes the trust to be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination. This bill also makes clarifying changes.

An act to amend Sections 15403 and 15404 of the Probate Code, relating to trusts.

• SB 469 (Skinner) This bill removes a 2018 sunset date and replaces it with a January 1, 2021 sunset date, for a version of existing law that is currently operative relating to statewide uniform guidelines for calculating court-ordered child support for the purposes of low-income adjustment.

An act to amend and repeal Section 4055 of the Family Code, relating to child support.