Relating to probate and trust matters, including time limitations on actions, attorney fees, trust code proceedings and notice requirements, damages for wrongful death, and filing deadlines, and including effective date and applicability provisions

This bill relates to probate code and trust code matters, including time limitations on nontestamentary transfer actions, attorney fees, trust code proceedings, trust code notice requirements, damages for wrongful death, and probate report and inventory filing deadlines. The bill creates a period of limitations for nontestamentary transfers. The bill requires actions founded upon a decedent’s title to assets, beneficiary designations, or other nontestamentary transfers procured by tortious interference with inheritance, undue influence, fraud, or other wrongful conduct not involving fraud, to be brought within two years of the decedent’s death. This provision applies to actions involving decedents dying on or after July 1, 2026. The bill allows the court to award costs, attorney fees, and other expenses to any party in a probate proceeding. This provision applies to actions involving decedents dying on or after July 1, 2026. The bill provides that when a wrongful act produces death, damages recovered as a result of that act shall be disposed of as personal property belonging to the estate of the deceased person except to the extent that the damages are for loss of services and support. The bill requires the court to determine the amount belonging to the estate and the amount belonging to the persons suffering the loss of services and support. The bill extends the filing deadline for probate report and inventory from 90 days to 120 days. The bill provides that actions to set aside or contest trusts and for the establishment of contested claims shall be triable in probate as law actions. The bill further provides that all other matters triable under the trust code shall be tried by the probate court as a proceeding in equity. The bill provides notice requirements for actions under the trust code. These provisions take effect upon enactment.