Assembly BillChaptered/SignedProbate
AB 1660: Public guardians and public administrators.
What AB 1660 does, verified September 21, 2026
The proposed law aims to improve the probate process in California by introducing stricter penalties for non-compliance. A court can now award sanctions of at least $1,000 per violation for financial institutions, government agencies, and other entities that fail to provide required information and take specified actions. This includes providing complete information about property held in the name of a decedent, including names and addresses of beneficiaries or joint owners. The law also aims to ensure that public guardians and public administrators have the necessary powers and authority to protect the interests of individuals who are unable to act for themselves.
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Last action: Chaptered by Secretary of State - Chapter 369, Statutes of 2026. (2026-09-20)Alert me
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| Sep. 20, 2026 | Chaptered by Secretary of State - Chapter 369, Statutes of 2026. |
| Sep. 20, 2026 | Approved by the Governor. |
| Aug. 25, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 19, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 2. Page 6245.). |
| Aug. 17, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textEnrolled version, August 21, 2026 · 4,553 words
| Enrolled August 21, 2026 |
| Passed IN Senate August 17, 2026 |
| Passed IN Assembly August 19, 2026 |
| Amended IN Senate August 04, 2026 |
| Amended IN Senate June 25, 2026 |
| Amended IN Senate June 15, 2026 |
| Amended IN Assembly April 09, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1660
| Introduced by Assembly Member Schiavo |
January 29, 2026 |
An act to amend Sections 2901, 2901.5, 7603, and 7660 of the Probate Code, relating to probate.
LEGISLATIVE COUNSEL'S DIGEST
AB 1660, Schiavo. Public guardians and public administrators.
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate if there is an imminent threat to a person’s health or safety or the person’s estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law grants a public guardian a variety of powers, including the right to take control of real or personal property, issue written certification of this fact, and restrain a person from transferring, encumbering, or disposing of real or personal property held in a trust, as specified. Under existing law, a written certification issued by a public guardian and public conservator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution or other person, without inquiring into the truth of the written certification and without court order or letters being issued, to provide the public guardian or public conservator with specified information, including, among other things, property held in the sole name of the proposed ward or conservatee, and to take specified actions.
Existing law establishes the public administrator as an officer of a county. Existing law regulates the administration of estates of decedents and permits the public administrator to be appointed to administer these estates under certain circumstances. Existing law grants public administrators a variety of powers in this regard, including the right to take control of a decedent’s property, issue written certification of this fact, and summarily dispose of property, as specified. Under existing law, a written certification issued by a public administrator for these purposes is valid for 30 days after its issuance. Existing law requires a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, without inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued, to perform specified functions, including providing the public administrator complete information concerning property held in the sole name of the decedent, including names and addresses of beneficiaries or joint owners, and granting the public administrator access to a safe-deposit box rented in the sole name of the decedent, as specified.
This bill would remove the requirement that the property be held, or the safe-deposit box be rented, in the sole name of the decedent. The bill would authorize a court to award sanctions of no less than $1,000 per violation for fees paid and costs incurred for failure of a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person, as specified, to comply with these requirements following receipt of service of notice of at least 30 days. The bill would make written certifications issued by a public guardian, public conservator, and public administrator to take possession or control of property valid for 60 days and would make changes to the form that a written certification is required to substantially comply with, including, among other things, requiring the social security number, date of birth, and last address of the individual to which the written certification applies. The bill would also provide a form for the written certifications for summary administration and summary disposition and would require that those certifications substantially comply with that form.
The people of the State of California do enact as follows:
SECTION 1.
Section 2901 of the Probate Code is amended to read:2901.
(a) A public guardian who is authorized to take possession or control of property under this chapter may issue a written certification of that fact. The written certification is effective for 60 days after the date of issuance.(b) The written recordable certification shall substantially comply with the following form:
“CERTIFICATE OF AUTHORITY
THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN TO OBTAIN INFORMATION AND TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING INDIVIDUAL:
(Full Name of Individual) _____________
(Social Security Number) _____________
(Date of Birth) _____________
(Last Address) _____________
This Certificate of Authority has been issued by the Public Guardian pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian to obtain information and take possession or control of property belonging to the above-named individual.
SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires that upon receiving a copy of this Certificate of Authority, financial institutions shall provide the public guardian with information concerning property held by the above-named individual and surrender the property to the Public Guardian if requested.
Failure to complete these requests may result in fines imposed by the court in the amount of no less than $1,000 per violation for costs and fees incurred (Section 2901 of the California Probate Code).
When serving this Certificate of Authority, the Public Guardian or their designated personnel shall present official county identification and, in some cases, a county-issued badge. A financial institution seeking to verify the identity or authority of personnel should use the following county contact points:
Telephone: _____
Email: _____
Website: _____
The Public Guardian and their designated personnel are not required to provide their State of California-issued driver’s license, identification card, or personal information, including home address, social security number, or date of birth. They are serving in an official capacity, and their personal information is not relevant to their official duties. A deputy Public Guardian who is acting in the course and scope of their employment is not a “member of the public” but rather is carrying out the duties of the Public Guardian in their official capacity (Section 7920.515 of the California Government Code).
It is important that a financial institution timely comply with this Certificate of Authority. In many cases, placement and treatment are pending.
Receipt of this Certificate of Authority:
(a) Constitutes a finding that the property is subject to loss, injury, waste, or misappropriation; and
(b) Constitutes sufficient acquittance for providing information and surrendering property; and
(c) Fully discharges the financial institution or other person from any liability for an act or omission of the Public Guardian with respect to the property as provided under Section 2901 of the California Probate Code.
This Certificate of Authority shall only be valid when signed and dated by the Public Guardian or a deputy Public Guardian of the County of _____ and affixed with the official seal of the Public Guardian below.
This Certificate of Authority expires 60 days after the date of issuance.
Signature of Public Guardian:
Date:
Official Seal”
(c) The public guardian may record a copy of the written certification in any county within which real property that the public guardian is authorized to take possession or control under this chapter is located.
(d) (1) A financial institution or other person shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued:
(A) Provide the public guardian information concerning property held in the name of the proposed ward or conservatee.
(B) Surrender to the public guardian property of the proposed ward or conservatee that is subject to loss, injury, waste, or misappropriation.
(2) Failure to comply with the requirements of paragraph (1) following the receipt of service on a financial institution or other person of at least 30 days’ written notice to comply may result in monetary sanctions pursuant to court order of no less than one thousand dollars ($1,000) per violation for costs and fees incurred. The 30 days’ written notice to comply shall be served in accordance with Section 684.115 of the Code of Civil Procedure.
(e) Receipt of the written certification:
(1) Constitutes sufficient acquittance for providing information and for surrendering property of the proposed ward or conservatee.
(2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian with respect to the property.
SEC. 2.
Section 2901.5 of the Probate Code is amended to read:2901.5.
(a) A public guardian or public conservator, who is authorized to restrain a person from transferring, encumbering, or in any way disposing of real or personal property held in a trust in accordance with paragraph (2) of subdivision (a) of Section 2900, may issue a written certification of that fact. The written certification is effective for 60 days after the date of issuance.(b) The written recordable certification shall substantially comply with the following form:
“CERTIFICATE OF AUTHORITY
THIS IS AN OFFICIAL CERTIFICATE ENTITLING THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR TO RESTRAIN ANY PERSON FROM TRANSFERRING, ENCUMBERING, OR IN ANY WAY DISPOSING OF ANY REAL OR PERSONAL PROPERTY HELD IN THE FOLLOWING TRUST:
(Name of Trust) _____________
THE PUBLIC GUARDIAN/PUBLIC CONSERVATOR HAS DETERMINED THAT IT HAS AUTHORITY TO ISSUE THIS CERTIFICATE WITH RESPECT TO THE ABOVE-NAMED TRUST AND IN CONNECTION WITH PROCEEDINGS THAT ARE OR WILL BE PENDING RELATED TO THE FOLLOWING INDIVIDUAL:
(Full Name of Individual) _____________
(Social Security Number) _____________
(Date of Birth) _____________
(Last Address) _____________
This Certificate of Authority has been issued by the Public Guardian/Public Conservator pursuant to and in compliance with Chapter 1 (commencing with Section 2900) of Part 5 of Division 4 of the California Probate Code. Under California law, this Certificate of Authority authorizes the Public Guardian/Public Conservator to restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust.
SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires that, upon receiving a copy of this Certificate of Authority, financial institutions shall provide the Public Guardian/Public Conservator with information concerning property held in the above-named trust and shall restrain any person from transferring, encumbering, or in any way disposing of any real or personal property held in the above-named trust.
Failure to complete these requests may result in fines imposed by the court in the amount of no less than $1,000 per violation for costs and fees incurred (Section 2901.5 of the California Probate Code).
When serving this Certificate of Authority, the Public Guardian/Public Conservator or their designated personnel shall present official county identification and, in some cases, a county-issued badge. A financial institution seeking to verify the identity or authority of personnel should use the following county contact points:
Telephone: _____
Email: _____
Website: _____
The Public Guardian/Public Conservator and their designated personnel are not required to provide their State of California-issued driver’s license, identification card, or personal information, including home address, social security number, or date of birth. They are serving in an official capacity, and their personal information is not relevant to their official duties. A deputy Public Guardian/Public Conservator who is acting in the course and scope of their employment is not a “member of the public” but rather is carrying out the duties of the Public Guardian in their official capacity (Section 7920.515 of the California Government Code).
It is important that a financial institution timely comply with this Certificate of Authority. In many cases, placement and treatment are pending.
Receipt of this Certificate of Authority:
(a) Constitutes a finding that the property is subject to loss, injury, waste, or misappropriation; and
(b) Constitutes sufficient acquittance for providing information and surrendering property; and
(c) Fully discharges the financial institution or other person from any liability for an act or omission of the Public Guardian/Public Conservator with respect to the property as provided under Section 2901.5 of the California Probate Code.
This Certificate of Authority shall only be valid when signed and dated by the Public Guardian/Public Conservator or a deputy Public Guardian/Public Conservator of the County of _____ and affixed with the official seal of the Public Guardian/Public Conservator below.
This Certificate of Authority expires 60 days after the date of issuance.
Signature of Public Guardian/Public Conservator:
Date:
Official Seal”
(c) The public guardian or public conservator may record a copy of the written certification in any county within which real property held in a trust that the public guardian or public conservator has determined it has authority to issue the written certification is located.
(d) (1) A financial institution or other person who is provided with the written certification by the public guardian or public conservator shall, without the necessity of inquiring into the truth of the written certification and without court order or letters being issued:
(A) Provide the public guardian or public conservator information concerning any real or personal property held in the trust identified in the written certification.
(B) Restrain a person from transferring, encumbering, or in any way disposing of real or personal property held in the trust identified in the written certification.
(2) Failure to comply with the requirements of paragraph (1) following the receipt of service on a financial institution or other person of at least 30 days’ written notice to comply may result in monetary sanctions pursuant to court order of no less than one thousand dollars ($1,000) per violation for costs and fees incurred. The 30 days’ written notice to comply shall be served in accordance with Section 684.115 of the Code of Civil Procedure.
(e) Receipt of the written certification:
(1) Constitutes sufficient acquittance for providing information and for restraining a person from transferring, encumbering, or in any way disposing of real or personal property held in the trust identified in the written certification.
(2) Fully discharges the financial institution or other person from any liability for any act or omission of the public guardian or public conservator with respect to the property.
SEC. 3.
Section 7603 of the Probate Code is amended to read:7603.
(a) A public administrator who is authorized to take possession or control of property of a decedent pursuant to this article may issue a written certification of that fact. The written certification is effective for 60 days after the date of issuance.(b) The written certification authorized in Sections 7603 and 7660 shall substantially comply with the following form:
“CERTIFICATE OF AUTHORITY
THIS IS AN OFFICIAL CERTIFICATE CONFIRMING THAT THE ________ COUNTY PUBLIC ADMINISTRATOR AS GOVERNMENTAL AGENCY IS AUTHORIZED TO ACT WITH RESPECT TO THE ESTATE OF THE FOLLOWING DECEDENT AND TO OBTAIN INFORMATION AND TAKE POSSESSION OF ANY AND ALL PROPERTY BELONGING TO THE FOLLOWING DECEDENT:
(Full Name of Individual) _____________
(Social Security Number) _____________
(Date of Birth) _____________
(Last Address) _____________
This Certificate of Authority has been issued by the Public Administrator of the County of _________ pursuant to and in compliance with Chapter 4 (commencing with Section 7600) of Part 1 of Division 7 of the California Probate Code.
[Check one]
[ ] Under Section 7603 of the California Probate Code, this Certificate of Authority authorizes the Public Administrator to request information, access a safe-deposit box rented in the name of the decedent for the purpose of inspection and removal of a will or instructions for disposition of the decedent’s remains, and take possession or control of property in the sole name of the above-named decedent.
[ ] Under Section 7660 of the California Probate Code, this Certificate of Authority for Summary Administration authorizes the Public Administrator to summarily dispose of the estate if it does not exceed $50,000.
SPECIAL NOTE TO FINANCIAL INSTITUTIONS:
State law requires financial institutions, governmental or private agencies, retirement fund administrators, insurance companies, licensed securities dealers, and other persons to comply.
Failure to complete these requests may result in fines imposed by the court in the amount of no less than $1,000 per violation for costs and fees incurred (Section 7603 or 7660 of the California Probate Code).
Sections 7603 and 7660 of the California Probate Code require that, upon receiving a copy of this Certificate of Authority or Certificate of Authority for Summary Administration, provided that it is facially valid and presented in accordance with the requirements set forth herein, a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person provide the Public Administrator with information concerning property held by the above-named decedent and surrender the property to the Public Administrator. This certificate shall only be valid if signed and dated by the Public Administrator or a deputy Public Administrator of the County of _________ and affixed with the official seal of the Public Administrator below.
The Public Administrator shall provide the greatest amount of customer identifying information known and available to assist in identifying accounts or property belonging to the above-named decedent. If only some of the personal identifying information is provided, the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person shall make reasonable efforts to identify assets of the decedent under the agency’s or institution’s control. If the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person cannot validate that the named individual is a customer based on the information provided, the agency or financial institution shall contact the Public Administrator expeditiously.
When serving this Certificate of Authority, the Public Administrator or their designated personnel shall present official county identification and, in some cases, a county-issued badge. A financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person seeking to verify the identity or authority of personnel should use the following county contact points:
Telephone: _____
Email: _____
Website: _____
The Public Administrator and their designated personnel are not required to provide their State of California-issued driver’s license, identification card, or personal information, including home address, social security number, or date of birth. They are serving in an official capacity, and their personal information is not relevant to their official duties. A deputy Public Administrator who is acting in the course and scope of their employment is not a “member of the public” but rather is carrying out the duties of the Public Administrator in their official capacity (Section 7920.515 of the California Government Code).
It is important that a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person timely comply with this Certificate of Authority. In many cases, interment is pending.
Receipt of this Certificate of Authority:
(a) Constitutes a finding that the property is subject to loss, injury, waste, or misappropriation; and
(b) Constitutes sufficient acquittance for providing information and surrendering property; and
(c) Fully discharges and releases the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person from any liability for an act or omission of the Public Administrator with respect to the property or the safe-deposit box as provided under Section 7660 of the California Probate Code.
In order to protect an estate from fraud, injury, waste, loss, or misappropriation, upon receipt of this Certificate of Authority, and upon confirming to its reasonable satisfaction that the person named is in fact a customer, the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person is reasonably expected to deny payments, withdrawals, or other debits from a decedent’s account, except if a payment, withdrawal, or other debit is subject to an agreement between the customer and the financial institution or subject to the laws of the United States or of this state.
This Certificate of Authority shall only be valid if signed and dated by the Public Administrator or a deputy Public Administrator of the County of _____ and affixed with the official seal of the Public Administrator below.
This Certificate of Authority expires 60 days after the date of issuance.
SIGNATURE OF PUBLIC ADMINISTRATOR (OR DEPUTY PUBLIC ADMINISTRATOR):
Signature: _____
Date: _____
Official Seal”
(c) The public administrator may record a copy of the written certification in any county within which real property that the public administrator is authorized to take possession or control under this article is located.
(d) (1) A financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person shall, without the necessity of inquiring into the truth of the written certification, without requiring a death certificate, without charge, and without court order or letters being issued:
(A) Provide the public administrator complete information concerning property held in the name of the decedent, including the names and addresses of any beneficiaries.
(B) Grant the public administrator access to a safe-deposit box rented in the name of the decedent for the purpose of inspection and removal of any will or instructions for disposition of the decedent’s remains. Costs and expenses incurred in drilling or forcing a safe-deposit box shall be borne by the estate of the decedent.
(C) Surrender to the public administrator any property in the sole name of the decedent that, in the sole discretion of the public administrator, is deemed to be subject to loss, injury, waste, or misappropriation.
(2) Failure to comply with the requirements of paragraph (1) following the receipt of service on a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person of at least 30 days’ written notice to comply may result in monetary sanctions pursuant to court order of no less than one thousand dollars ($1,000) per violation for costs and fees incurred. The 30 days’ written notice to comply shall be served in accordance with Section 684.115 of the Code of Civil Procedure.
(e) Receipt of the written certification provided by this section:
(1) Constitutes sufficient acquittance for providing information or granting access to the safe-deposit box, removal of the decedent’s will and instructions for disposition of the decedent’s remains, and surrendering property of the decedent.
(2) Fully discharges and releases the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person from any liability for any act or omission of the public administrator with respect to the property or the safe-deposit box as provided under Section 7660.
SEC. 4.
Section 7660 of the Probate Code is amended to read:7660.
(a) If a public administrator takes possession or control of an estate pursuant to this chapter, the public administrator may, acting as personal representative of the estate, summarily dispose of the estate in the manner provided in this article in either of the following circumstances:(1) The total value of the property in the decedent’s estate does not exceed the amount prescribed in Section 13100. The authority provided by this paragraph may be exercised only upon order of the court. The order may be made upon ex parte application. The fee to be allowed to the clerk for the filing of the application is two hundred five dollars ($205). The authority for this summary administration of the estate shall be evidenced by a court order for summary disposition.
(2) The total value of the property in the decedent’s estate does not exceed fifty thousand dollars ($50,000). The authority provided by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose of property of a decedent pursuant to this paragraph may issue a written certification of Authority for Summary Administration that substantially complies with the form detailed in subdivision (b) of Section 7603. The written certification is effective for 60 days after the date of issuance.
(B) A financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person shall, without the necessity of inquiring into the truth of the written certification of Authority for Summary Administration and without court order or letters being issued, do all of the following:
(i) Provide the public administrator complete information concerning any property held in the name of the decedent, including the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box or storage facility rented in the name of the decedent for the purpose of inspection and removal of property of the decedent. Costs and expenses incurred in accessing a safe-deposit box or storage facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the decedent that is held or controlled by the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person.
(C) (i) Receipt by a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person of the written certification provided by this article shall do both of the following:
(I) Constitute sufficient acquittance for providing information or granting access to a safe-deposit box or storage facility and for surrendering any property of the decedent.
(II) Fully discharge and release the financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or other person from liability for any act or omission of the public administrator with respect to the property, a safe-deposit box, or a storage facility.
(ii) Failure to comply with the requirements of clause (i) following the receipt of service on a financial institution, governmental or private agency, retirement fund administrator, insurance company, licensed security dealer, or other person of at least 30 days’ written notice to comply may result in monetary sanctions pursuant to court order of no less than one thousand dollars ($1,000) per violation for costs and fees incurred. The 30 days’ written notice to comply shall be served in accordance with Section 684.115 of the Code of Civil Procedure.
(b) Summary disposition may be made notwithstanding the existence of the decedent’s will, if the will does not name an executor or if the named executor refuses to act.
(c) This article does not preclude the public administrator from filing a petition with the court under any other provision of this code concerning the administration of the decedent’s estate.
(d) A petition filed pursuant to this article shall contain the information required by Section 8002.
(e) If a public administrator takes possession or control of an estate pursuant to this chapter, this article conveys the authority of a personal representative, as described in Section 9650, to the public administrator to summarily dispose of the estate pursuant to the procedures described in paragraphs (1) and (2) of subdivision (a).
(f) The fee charged under paragraph (1) of subdivision (a) shall be distributed as provided in Section 68085.4 of the Government Code. If an application is filed under that paragraph, no other fee shall be charged in addition to the uniform filing fee provided for in Section 68085.4 of the Government Code.
Text of AB 1660 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions