-- Last revised 7/6/10 --
Nonprobate Transfers: Creditor Claims and Family Protection
The dominant trend in estate planning and administration over the past
half century has been the rise of the nonprobate transfer. A nonprobate transfer is a transfer
of property that occurs on the death of the decedent and that passes property to a beneficiary
outside of regular probate channels. While the probate process provides well-developed procedures
for the payment of a decedent's creditors and for support of a decedent's dependents, those procedures
do not apply if the decedent's estate passes entirely outside of probate. The law governing nonprobate
transfers does not comprehensively address those concerns.
The Commission's former executive secretary, Nathaniel Sterling, has prepared
a comprehensive background study of the treatment of creditor claims and family protections, with
respect to property passing outside of probate. The study discusses existing California law and the
law of other jurisdictions. It concludes with recommendations for reform.
The Commission is conducting a study of the issues discussed in the
background study. If you have questions or comments on this study, send an e-mail to Brian Hebert
at bhebert@clrc.ca.gov.
Related Material
Staff Memoranda
- Memo 2010-27 -- Nonprobate Transfers: Creditor Claims and Family Protection (Background Study) (05/24/2010)
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Background Study
- Liability of Nonprobate Transfer for Creditor Claims and Family Protections -- Nathaniel Sterling (June 2010)
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