CalCSA Applauds Probate Notification Reform for Child Support
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The law amends Probate Code §9202 to require notice of probate petitions to be delivered to the Department of Child Support Services (DCSS) so that claims may be asserted for child support payments legally owed to dependents of a decedent. The new law applies to estates for which child support notifications are first issued on or after January 1, 2027.
Previous probate law required notice to DCSS in certain cases when the decedent owed child support. However, there was no comparable process to provide notice when a beneficiary of an estate, such as an adult child of the decedent, has an existing child support obligation. SB-1264 establishes a new category of obligor by adding a requirement for notice when the beneficiary of an estate, such as an adult child of the decedent, has their own child support obligation.
The new law also clarifies compliance by narrowing the requirement for the general representative or estate attorney to provide notice to DCSS from “knows or has reason to believe that the decedent had a child support obligation” to “has actual knowledge of a child support obligation.” It also clarifies that personal representatives and estate attorneys have no affirmative duty to investigate and establishes a defined timeframe for local child support agencies to assert a claim.
CalCSA sponsored SB-1264 as a key pillar of its 2026 Legislative Platform, which seeks to enhance the effectiveness of the Child Support Program in reducing child poverty in the state by securing owed payments to custodial parents and children. The bill was introduced by Senator Suzette Martinez Valladares and passed unanimously out of both the Senate and Assembly.
Senator Valladares said: “SB 1264 is a simple but important step to help ensure children receive the financial support they are owed. By closing this gap in the probate process, we can give local child support agencies another tool to identify resources that should be going toward the support of California’s children and families.”
CalCSA Executive Director Michael J. Smitsky said: “CalCSA’s mission is to advocate for California’s children, and with passage and signature of this bill into law, we are progressing toward a future where families do not miss out on financial support that is legally owed to them.” He added: “We thank Governor Newsom for signing the bill into law and Senator Valladares for introducing the bill in the Senate. Both have demonstrated their support for the Californian children and families served by the Child Support Program.”
About CalCSA
The California Child Support Association (CalCSA) is a nonprofit organization comprised of the local child support agencies representing over 6,000 employees across California’s 58 counties. Established in 2000, the association supports local child support agencies and advocates for California’s children so that all children have support from their parents. Learn more at https://csdaca.org. Sign up for email updates to learn more about CalCSA’s legislative campaign.
CalCSA is not a local child support agency and does not process child support cases. For information or assistance with a personal child support case, contact a local child support agency at the county or regional level.
Chelsie Jeppson
California Child Support Association
+1 916-446-6700
email us here
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