California 2009-2010 Regular Session Status: Died

AB 724 — Nonprobate transfers: revocable transfer upon death deeds.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. Died in session

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law provides that a person may pass real property to a beneficiary at death by various methods including by will, intestate succession, trust, and titling the property in joint tenancy, among others. This bill would, until January 1, 2015, create the revocable transfer on death deed (revocable TOD deed) , as defined, which would transfer real property on the death of its owner without a probate proceeding. The bill would require that a person have testamentary capacity to make or revoke the deed and would require that the deed be in a statutory form provided for this purpose. The revocable TOD deed must be signed, dated, acknowledged, and recorded, as specified, to be effective. The bill would provide, among other things, that the deed, during the owner's life, does not affect his or her ownership rights and, specifically, is part of the owner's estate for the purpose of Medi-Cal eligibility and reimbursement. The bill would void a revocable TOD deed if, at the time of the owner's death, the property is titled in joint tenancy or as community property with right of survivorship. The bill would establish priorities for creditor claims against the owner and the beneficiary of the deed in connection with the property transferred and limits on the liability of the beneficiary. The bill would establish a process for contesting the transfer of real property by a revocable TOD deed. The bill would also make conforming and technical changes. The bill would require the California Law Revision Commission to study and make recommendations regarding the revocable TOD deed to the Legislature by January 1, 2014. (2) Existing law provides that a person who feloniously and intentionally kills a decedent is not entitled to specified property, interests, or benefits, including any gifts of personal property made in view of impending death. This bill would specify that a person who feloniously and intentionally kills a decedent is not entitled generally to property and interests that are transferred outside of probate, including real property transferred by a revocable TOD deed. (3) Existing law establishes simplified procedures for dealing with a decedent's estate valued under $100,000, including authorizing the successor of the decedent to collect and distribute property due the decedent without letters of administration or awaiting probate of a will. Existing law provides that a beneficiary who receives real or personal property under these circumstances, as specified, may be liable to the estate if probate proceedings are subsequently commenced. Existing law provides, in this context, that a spouse has liability for the debts of a deceased spouse if the decedent's property is in the control of the surviving spouse. Existing law permits a court judgment to enforce liability in these instances only to the extent necessary to protect the heirs, devisees, and creditors of the decedent. This bill would delete the reference to court judgment and provide instead that the personal representative of the estate is permitted to enforce liability only to the extent necessary to protect the heirs, devisees, and creditors of the decedent.

Bill Text

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Action History

  1. From Senate committee without further action.

  2. In committee: Set first hearing. Failed passage. Reconsideration granted.

  3. In committee: Hearing postponed by committee.

  4. In committee: Hearing postponed by committee.

  5. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 2.) (June 15).

  6. In committee: Set first hearing. Failed passage. Reconsideration granted.

  7. In committee: Hearing postponed by committee.

  8. Referred to Com. on JUD.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1931.)

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 14).

  15. Referred to Com. on JUD.

  16. From printer. May be heard in committee March 29.

  17. Read first time. To print.

Sponsors

  • Cook · Cosponsor
  • DeVore · Primary
  • Duvall · Cosponsor
  • Knight · Cosponsor
  • Nestande · Cosponsor
  • Niello · Cosponsor
  • Silva · Cosponsor
  • Walters · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

  • DeVore

Co-sponsors (7)

  • Cook
  • Duvall
  • Knight
  • Nestande
  • Niello
  • Silva
  • Walters

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Set, first hearing. Failed passage in Committee. Reconsideration granted.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Leno — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Corbett — Yea
Emmerson — Yea

Do pass.

Failed 2 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 2603
Total 2603
% of votes cast 18%55%0%27%
How each member voted (11)
Member Party Vote
Yee — Nay
Wyland — Nay
Kehoe — Yea
Leno — Yea
Ashburn — Nay
Price — Not Voting
Walters — Not Voting
Alquist — Nay
Wolk — Nay
Corbett — Nay
Emmerson — Not Voting

Do pass, but re-refer to the Committee on Appropriations.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Hancock — Yea
Leno — Yea
Harman — Nay
Walters — Yea
Corbett — Nay

Do pass, but re-refer to the Committee on Appropriations.

Failed 2 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2300
Total 2300
% of votes cast 40%60%0%0%
How each member voted (5)
Member Party Vote
Harman — Nay
Leno — Yea
Walters — Yea
Corbett — Nay
Florez — Nay

AB 724 DE VORE Assembly Third Reading

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 85001
Democratic 3000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hagman — Yea
John — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Charles — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Ruskin — Yea
Bass — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
A. — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Krekorian — Yea
Duvall — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Miller — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Do pass and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Knight — Yea
Krekorian — Not Voting
Lieu — Yea
Monning — Yea
Nielsen — Yea
Tran — Yea
Brownley — Yea
Feuer — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Subjects

finance housing
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Frequently asked questions

What does AB 724 do?
(1) Existing law provides that a person may pass real property to a beneficiary at death by various methods including by will, intestate succession, trust, and titling the property in joint tenancy, among others. This bill would, until January 1, 2015, create the revocable transfer on death deed (revocable TOD deed) , as defined, which would transfer real property on the death of its owner without a probate proceeding. The bill would require that a person have testamentary capacity to make or revoke the deed and would require that the deed be in a statutory form provided for this purpose. The revocable TOD deed must be signed, dated, acknowledged, and recorded, as specified, to be effective. The bill would provide, among other things, that the deed, during the owner's life, does not affect his or her ownership rights and, specifically, is part of the owner's estate for the purpose of Medi-Cal eligibility and reimbursement. The bill would void a revocable TOD deed if, at the time of the owner's death, the property is titled in joint tenancy or as community property with right of survivorship. The bill would establish priorities for creditor claims against the owner and the beneficiary of the deed in connection with the property transferred and limits on the liability of the beneficiary. The bill would establish a process for contesting the transfer of real property by a revocable TOD deed. The bill would also make conforming and technical changes. The bill would require the California Law Revision Commission to study and make recommendations regarding the revocable TOD deed to the Legislature by January 1, 2014. (2) Existing law provides that a person who feloniously and intentionally kills a decedent is not entitled to specified property, interests, or benefits, including any gifts of personal property made in view of impending death. This bill would specify that a person who feloniously and intentionally kills a decedent is not entitled generally to property and interests that are transferred outside of probate, including real property transferred by a revocable TOD deed. (3) Existing law establishes simplified procedures for dealing with a decedent's estate valued under $100,000, including authorizing the successor of the decedent to collect and distribute property due the decedent without letters of administration or awaiting probate of a will. Existing law provides that a beneficiary who receives real or personal property under these circumstances, as specified, may be liable to the estate if probate proceedings are subsequently commenced. Existing law provides, in this context, that a spouse has liability for the debts of a deceased spouse if the decedent's property is in the control of the surviving spouse. Existing law permits a court judgment to enforce liability in these instances only to the extent necessary to protect the heirs, devisees, and creditors of the decedent. This bill would delete the reference to court judgment and provide instead that the personal representative of the estate is permitted to enforce liability only to the extent necessary to protect the heirs, devisees, and creditors of the decedent.
Who sponsors AB 724?
AB 724 is sponsored by Cook, DeVore, Duvall, Knight, Nestande, Niello, Silva, and Walters.
What is the current status of AB 724?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 724?
Track AB 724 free on One Click Politics — get push/email alerts when it moves.

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