California 2011-2012 Regular Session Status: Passed Assembly

AB 699 — 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. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, 2017, 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, 2016. (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

Action History

  1. From Senate committee without further action.

  2. From committee without further action pursuant to Joint Rule 62(a).

  3. In committee: Set, first hearing. Failed passage.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  5. Referred to Com. on JUD.

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 1. Page 1234.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 15. Noes 0.) (April 13).

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (March 22).

  13. Referred to Com. on JUD.

  14. From printer. May be heard in committee March 20.

  15. Read first time. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wagner

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 699 WAGNER Assembly Third Reading

Passed 67 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 631010
Democratic 3000
Republican 1001
Total 671011
% of votes cast 85%1%0%14%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Cook — Yea
Olsen — Yea
Yamada — Yea
Furutani — Not Voting
Galgiani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Fletcher — Yea
Gordon — Not Voting
Bonilla — Yea
Atkins — Yea
Hagman — Yea
Halderman — Yea
Hall — Yea
Campos — Yea
Chesbro — Not Voting
Hayashi — Yea
Hill — Yea
Ammiano — Not Voting
Beall — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Hueso — Not Voting
Huffman — Yea
Jeffries — Yea
Lara — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Nay
Achadjian — Yea
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Not Voting
Perea — Yea
Silva — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Not Voting
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Hall — Yea
Mitchell — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Campos — Yea
Wagner — Not Voting
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Norby — Not Voting
Solorio — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does AB 699 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, 2017, 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, 2016. (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 699?
AB 699 is sponsored by Wagner.
What is the current status of AB 699?
This bill died with 2011-2012 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 699?
Track AB 699 free on One Click Politics — get push/email alerts when it moves.

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