AB 1660: Public guardians and public administrators.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 20, 2026Chaptered by Secretary of State - Chapter 369, Statutes of 2026.
2. September 20, 2026Approved by the Governor.
3. August 25, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 19, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 2. Page 6245.).
5. August 17, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 17, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5498.).
7. August 5, 2026Read second time. Ordered to third reading.
8. August 4, 2026Read third time and amended. Ordered to second reading.
9. June 25, 2026Read second time and amended. Ordered to third reading.
10. June 24, 2026From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (June 23).
11. June 17, 2026Measure version as amended on June 15 corrected.
12. June 15, 2026From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.