Bill Commons

CA AB 2658

in committee

Community property in trust.

California · 2025-2026 Regular Session · lower

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Quick answers

Did CA AB 2658 pass?

Not yet. CA AB 2658 is in committee and has not come to a final vote. Latest recorded action (2026-04-13): Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

What is CA AB 2658 about?

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, 12 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 12 of the property if the transferee retains the property or, if not, 12 of its proceeds or, if none, 12 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 12 of the community real property, community personal property, and quasi-community personal property for the purpose of disposing of that spouse's 12 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.

Who sponsors CA AB 2658?

Ellis is the primary sponsor of CA AB 2658.

Description

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, 12 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 12 of the property if the transferee retains the property or, if not, 12 of its proceeds or, if none, 12 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 12 of the community real property, community personal property, and quasi-community personal property for the purpose of disposing of that spouse's 12 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.

Introduced
2026-03-19
Latest action
2026-04-13 — Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
Bill type
bill
Last updated
—

Subjects

Sponsors

  • Ellisauthor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-04-13

    Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

    referral-committee

  2. 2026-04-13

    Re-referred to Com. on AGING & L.T.C.

    referral-committee

  3. 2026-04-09

    From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  4. 2026-03-23

    Re-referred to Com. on AGING & L.T.C.

    referral-committee

  5. 2026-03-19

    From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  6. 2026-03-19

    Referred to Com. on AGING & L.T.C.

    referral-committee

  7. 2026-02-21

    From printer. May be heard in committee March 23.

  8. 2026-02-20

    Read first time. To print.

    reading-1

Versions

  • 02/20/26 - Introduced — 2026-02-20Compare
  • 03/19/26 - Amended Assembly — 2026-03-19Compare
  • 04/09/26 - Amended Assembly — 2026-04-09Compare
  • AB2658Compare

Documents

Votes

Not provided by source.

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_bulk_csv, retrieved 2026-07-24T01:34:27.960412Z

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