AMENDED IN ASSEMBLY APRIL 9, 2026
AMENDED IN ASSEMBLY MARCH 19, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Assembly Member Ellis
February 20, 2026
An act to add and repeal Section 9114.5 of the Welfare and Institutions amend Sections 100 and 102 of the Probate Code, relating to crimes. probate.
Vote: majority Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Under existing law, upon the death of a person who is married or in a registered domestic partnership, ½ of the community property and quasi-community property belongs to the surviving spouse, unless the spouses have agreed in writing to divide the property in another manner. Existing law authorizes a decedent’s surviving spouse to require the transferee of quasi-community property in which the surviving spouse had an expectancy at the time of transfer to restore to the decedent’s estate ½ of the property if the transferee retains the property or, if not, ½ of its proceeds or, if none, ½ of its value at the time of transfer, provided outlined requirements are met.
This bill would clarify that a spouse may establish a trust and fund that trust by transferring to it that spouse’s ½ of the community real property, community personal property, and quasi-community personal property for the purpose of disposing of that spouse’s ½ on that spouse’s death. The bill would specify that a spouse’s interest in community property that is transferred to the trust remains community property, unless both spouses agree otherwise in writing.
This bill would require the department to contract out a study on theft from elders and dependent adults in long-term care facilities, as specified. The bill would require the department to submit the report to the Legislature no later than January 1, 2029, and would repeal that provision on January 1, 2033.
The people of the State of California do enact as follows:
SECTION 1.
Section 100 of the Probate Code is amended to read:
100.
(a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent.
(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to This subdivision does not
require this written agreement in order to permit or recognize a non pro rata division of community property.
(c) Notwithstanding subdivisions (a) and (b), a spouse may establish a trust pursuant to Division 9 (commencing with Section 15000) and fund that trust by transferring to it that spouse’s one-half of the community personal property, and that spouse’s one-half of the quasi-community personal property, for the purpose of disposing of those assets on that spouse’s death. A spouse’s interest in community property that is transferred to the trust shall remain community property, unless both spouses agree otherwise in writing.
SEC. 2.
Section 102 of the Probate Code is amended to read:
102.
(a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s estate one-half of the property if the transferee retains the property or, if not, one-half of its proceeds or, if none, one-half of its value at the time of transfer, if all of the following requirements are satisfied:
(1) The decedent died domiciled in this state.
(2) The decedent made a transfer of the property to a person other than the surviving spouse without receiving in exchange a consideration of substantial value and without the written consent or joinder of the surviving spouse.
(3) The transfer is any of the following types:
(A) A transfer under which the decedent retained at the time of death the possession or enjoyment of, or the right to income from, the property.
(B) A transfer to the extent that the decedent retained at the time of death a power, either alone or in conjunction with any other person, to revoke or to consume, invade, or dispose of the principal for the decedent’s own benefit.
(C) A transfer whereby property is held at the time of the decedent’s death by the decedent and another with right of survivorship.
(b) Nothing in this section requires This
section does not require a transferee to restore to the decedent’s estate any life insurance, accident insurance, joint annuity, or pension payable to a person other than the surviving spouse.
(c) All property restored to the decedent’s estate under this section belongs to the surviving spouse pursuant to Section 101 as though the transfer had not been made.
(d) Notwithstanding subdivisions (a) to (c), inclusive, a spouse may establish a trust pursuant to Division 9 (commencing with Section 15000) and fund that trust by transferring to it that spouse’s one-half of the community real property for the purpose of disposing of that spouse’s one-half of the community real property on that spouse’s death. A spouse’s interest in community property that is transferred to the trust shall remain community property, unless both spouses agree otherwise in writing.
Section 9114.5 is added to the Welfare and Institutions Code, to read:
9114.5.
(a) The department shall contract out a study, to be conducted in large rural, suburban, and urban counties, on theft from elders and dependent adults in long-term care facilities, as defined in Section 9701. The study shall include both of the following:
(1) Whether theft from elders or dependent adults is being underreported.
(2) Whether employees of long-term care facilities who are credibly accused of theft from elders or dependent adults are being moved among different facilities.
(b) The department shall submit the report to the Legislature no later than January 1, 2029.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2033.