Governor Signs Morrell Legislation to Aid in Administering Estates

Measure will help avoid potential litigation
Monday, July 6, 2015

SACRAMENTO – On July 2, Governor Brown signed into law Senate Bill 785 by Senator Mike Morrell (R-Rancho Cucamonga) to provide needed clarification for those involved in the administration of an estate. The changes will prevent confusion and unnecessary litigation.

“SB 785 will help ensure a smoother process in administering an estate,” said Morrell. “When a loved one passes away, difficult decisions have to be made and wishes need to be carried out. The law should be as clear as possible in this area. It should not make this time any more trying than it already is.”

Provisions in the Probate Code contain numerous references to an individual’s estate, but in many cases, these references do not make clear whether they refer to an individual’s probate estate or his/her trust estate. This uncertainty can lead to confusion for those handling an estate, potentially resulting in misapplication of the law and wasteful litigation. Clarifying the provisions will assist in avoiding these problems.

SB 785 passed through the legislature with unanimous support. It takes effect on January 1, 2016.