2025 Riverside Probate Code Updates

When you hear the term probate, the first thing that comes to mind is the process of distribution of assets after someone’s death. However, the Riverside Probate Code covers much more than the administration of wills and trusts. From conservatorships and child support to foreclosures and health care, if you are unfamiliar with the ever-evolving changes, it could cost you more than just time or money.

The Ever-Evolving Probate Code

If you choose to handle probate issues on your own, be aware that since 2024, there have been several significant changes to the Riverside Superior Court Probate Code.

These include rule updates for trust termination, child support, and debtor examinations, changes to procedures, forms and terminology, and an expansion in electronic filing will soon open the door to a more streamlined probate process.

Let’s take a closer look at a few of the more essential updates to the probate code. (This is not an exhaustive list; to stay fully informed and compliant, please do your own research or talk to a qualified probate attorney.)

Form Changes

• SB 1106 extends the amount of time you have to notify parties of a move to 20 days prior and emphasizes electronic delivery as the court’s preference for all notices.
• Within AB 2016, a new Judicial Council form (JCC form) further clarifies the modification and scope of a new dollar limit for the administration of property succession. Foreclosure sale prices must now be at least 67% of fair market value, and sale delays have been enhanced.
• The Level of Care Declaration, which emphasizes patient privacy in medical information, has been replaced with the Confidential Care Plan form (GC 355). This form must be filed within 120 days of appointment and 10 days before your termination hearing. Non-compliance will result in a $500 penalty and/or removal from the case.

Conservatorship Changes

A shift to person-oriented language, such as using “a person with a mental health condition” instead of “mentally ill person,” allows for less stigmatizing terminology and emphasizes respect and dignity for those with mental health issues.

To help protect an individual’s privacy and digital legacy, conservators can only access a digital asset catalog of a decedent’s assets, while an agent needs explicit power-of-attorney authorization (SB 1458). And the process for initiating conservatorship proceedings for those experiencing a mental health crisis have also been significantly changed.

Death Notice Changes

To keep all involved parties informed, you must now include the deceased’s funeral, burial, and/or memorial location to the death notice.

Child Support

Protecting the financial resources of children with disabilities is the focus of AB 2397, which expands the court’s authority to place child support payments into a special needs trust.

Court Orders and Closures

The Temecula Superior Court has been closed (as of December 23, 2024) and relocated to the Southwest Justice Center.

And finally, to provide efficiency and access to legal documentation, certified copies of court orders must now be completed within 3 days of the hearing date.

Tags: California, Child Support, code, conservatorship, Law, Probate, Probate Code, Riverside, Southwest Justice Center, Temecula Superior Court
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