(1) Under existing law, upon the death of a person who is married or in a registered domestic partnership, half 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 requires, with specified exceptions, that upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse. Under existing law, those debts are chargeable against the fair market value, as specified, of property including community property, quasi-community property, and separate property that passes to the surviving spouse when the deceased spouse dies intestate and the property passes "without administration."
California AB 1716 (20212022) — Estate disposition.
(1) Under existing law, upon the death of a person who is married or in a registered domestic partnership, half 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 requires, with specified exceptions, that upon the death of a married person, the surviving spouse is personally liable for the debts of the deceased spouse. Under existing law, those debts are chargeable against the fair market value, as specified, of property including community property, quasi-community property, and separate property that passes to the surviving spouse when the deceased spouse dies intestate and the property passes "without administration."
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass and be ordered to the Consent Calendar — 8–0 (pass) · upper
AB 1716 Maienschein Consent Calendar Second Day — 72–0 (pass) · lower
Do pass. To Consent Calendar. — 10–0 (pass) · lower
Consent Calendar AB1716 — 38–0 (pass) · upper
AB 1716 Maienschein Concurrence in Senate Amendments — 75–0 (pass) · lower
Sponsors
Maienschein — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2022-01-27 Read first time. To print. reading-1
2022-01-28 From printer. May be heard in committee February 27.
2022-02-03 Referred to Com. on JUD. referral-committee
2022-03-15 From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.) (March 15). committee-passage, committee-passage-favorable
2022-03-16 Read second time. Ordered to Consent Calendar. reading-1, reading-2
2022-03-21 Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 3916.) passage, reading-1, reading-3
2022-03-22 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2022-05-04 Referred to Com. on JUD. referral-committee
2022-05-16 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. amendment-introduction, amendment-passage, reading-1, reading-2, referral-committee
2022-06-01 From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (May 31). committee-passage, committee-passage-favorable
2022-06-02 Read second time. Ordered to Consent Calendar. reading-1, reading-2
2022-06-09 Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4130.). passage, reading-1, reading-3
2022-06-09 In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 11 pursuant to Assembly Rule 77.
2022-06-13 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). amendment-passage, committee-passage-favorable
2022-06-15 Enrolled measure version corrected.
2022-06-20 Enrolled and presented to the Governor at 3:30 p.m.
2022-06-21 Approved by the Governor. executive-signature
2022-06-21 Chaptered by Secretary of State - Chapter 29, Statutes of 2022. became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/862f55a6-524d-455d-92e7-23e8ab075e65. Confidence: reported (aggregated from official California legislature records).
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