SB 1264 California Senate · 2025-2026 Regular Session

Probate: notice of death for child support obligations.

Summary
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.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Jun 2026
Senate Passage
Apr 2026
Assembly Passage
Aug 2026
Governor
Introduced Feb 19, 2026 Last action Aug 28, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

08/06/26 - Amended Assembly 08/25/26 - Enrolled · 3 edits · Aug 25, 2026
MINOR
The enrolled version broadens the scope of who triggers the child support death notice requirement. The amended assembly version limited the trigger to a 'child of the decedent who is an heir or beneficiary' having a child support obligation, while the enrolled version expands this to any 'heir or beneficiary' regardless of their relationship to the decedent. Additionally, the language for what a local child support agency may do upon receiving notice that the decedent was an obligor was changed from 'pursue collection' to 'assert a claim,' which is a more specific legal mechanism.
Scope change
The notice requirement now applies when any heir or beneficiary of the estate has a child support obligation, not just when a child of the decedent who is also an heir or beneficiary has one. This significantly widens the circumstances under which personal representatives and estate attorneys must provide notice to the Department of Child Support Services.
SCOPE

Broadened the class of persons whose child support obligation triggers the death notice requirement. Changed from 'a child of the decedent who is an heir or a beneficiary of the estate' to simply 'an heir or a beneficiary of the estate.' This means siblings, parents, in-laws, or non-relative beneficiaries with child support obligations would now also trigger the notice duty.

REQUIREMENT

Changed the action a local child support agency may take upon receiving notice that the decedent was a child support obligor from 'pursue collection' to 'assert a claim no later than four months after delivery of notice.' This narrows the specific remedy available within that timeframe to filing a claim against the estate rather than any form of collection activity.

TECHNICAL

Fixed a duplicate subsection numbering error where two subsections were both labeled (4) in the amended assembly version. The enrolled version correctly numbers them as (4) and (5).

Floor votes · Senate Apr 30, 2026 · Assembly Aug 19, 2026

How they voted

360
Passed · 4 other
Total votes 40
Apr 30, 2026
D Democratic30
27 Yea 3
90% Yea
R Republican10
9 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
9
Committee
7
Amendments
4
Aug 24, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 19, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 19, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 6, 2026
Lower · Passed
Read third time and amended.
lower
Jun 24, 2026
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (June 24).
lower
Jun 9, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 9). Re-referred to Com. on APPR.
lower
May 11, 2026
Committee
Referred to Com. on JUD.
lower
Apr 30, 2026
Upper · Passed
Read third time. Passed. (Ayes 36. Noes 0. Page 4114.) Ordered to the Assembly.
upper
Apr 27, 2026
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 15, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3869.) (April 14). Re-referred to Com. on APPR.
upper
Apr 8, 2026
Committee
Re-referred to Com. on JUD.
upper
Mar 23, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Mar 4, 2026
Committee
Referred to Com. on RLS.
upper
Feb 19, 2026
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Suzette Valladares
Suzette Valladares
RRepublican
CA
23