If letters are first issued in your California probate on or after January 1, 2027, you may have to send a notice to the Department of Child Support Services (DCSS). The trigger is simple. You send it if you actually know that the person who died, or an heir or beneficiary of the estate, has a court-ordered child support obligation.
That’s the change in SB 1264 (Valladares), Statutes of 2026, chapter 427, approved September 20, 2026. It amends Prob. Code, § 9202, subdivision (e). The new rule applies only to estates where letters are first issued on or after January 1, 2027.
What is the executor being asked to do?
Send a notice. Not hire an investigator, not run a background check on the family.
The statute says the executor (the law calls the role “personal representative”) or the estate attorney must give notice when they have actual knowledge of a support order. The old language was “knows or has reason to believe,” and it only covered the person who died. The new language is narrower on knowledge and wider on who it reaches.
The statute also says there is no duty to investigate. If you’ve never been told about a support order and have no other reason to know of one, you haven’t missed anything.
| Letters issued in 2026 | Letters issued January 1, 2027 or later | |
|---|---|---|
| Who is covered | The person who died | The person who died, and any heir or beneficiary |
| When notice is required | The executor or attorney knows or has reason to believe there’s a support order | The executor or attorney has actual knowledge of a support order |
| Deadline | 90 days after letters first issue | 90 days after letters first issue |
| Agency claim deadline | 4 months after notice, for the decedent’s support | 4 months after delivery, for the decedent’s support; other law governs heirs’ support |
When is the notice due?
Within 90 days after letters are first issued. Letters are the court document that gives the executor authority to act for the estate.
You can give the notice by mail under Prob. Code, § 1215, or electronically. Your attorney will usually handle this, but the knowledge has to come from somewhere, and that’s you.
Why would an heir’s support order matter to the estate?
Because a local child support agency may have a financial interest in what a beneficiary is about to receive.
Here is what the chaptered text says. When the notice reports that the person who died owed support, the local child support agency may assert a claim no later than four months after the notice is delivered (§ 9202(e)(3)). When the notice reports that an heir or beneficiary owes support, the subdivision does not alter, limit, or affect the manner or timeframe for the agency to pursue collection under any other law (§ 9202(e)(4)). Whether and how an agency reaches a beneficiary’s share depends on those other laws.
So the practical point is this. The notice puts DCSS on notice. What it does with that is a separate question, and it’s one to ask your attorney about in your specific estate.
What should I tell my attorney at the start?
Tell us what you already know. The statute asks for that and nothing more.
If you know or have been told that your mother had a support order, or that your brother, who is a beneficiary, has one, say so in the first meeting.
If you don’t know, you don’t need to ask the family to prove a negative. The law doesn’t require it, and it can make a hard time harder.
- The 90 days start when letters issue, not when the person dies.
- The rule turns on what you know, so keep it factual. Don’t guess about a relative’s finances.
- If letters were issued in 2026, the earlier version applies instead. It required the notice if the executor or attorney knew or had reason to believe the person who died owed court-ordered support, and it didn’t cover heirs.
Before you file in 2027, write down what you know about support orders for the person who died and for each heir. Bring that list to your first meeting, even if it says “none that I know of.” That answer is useful too. If you’re a beneficiary, expect your executor to ask.
New to the role? The firm’s guides on letters testamentary and executor duties in California cover the rest of the first 90 days.
Talk to a real California estate attorney
If you’re about to open a probate and aren’t sure which notices apply, I’ll go through the § 9202 list with you at the start. Talk to Eric Ridley is a free 30-minute consultation by phone or Zoom, anywhere in California. Or call (805) 244-5291.
Frequently asked questions
What does SB 1264 change about probate notices in California?
SB 1264 (Stats. 2026, ch. 427) amends Prob. Code, § 9202, subdivision (e). For estates with letters first issued on or after January 1, 2027, the executor or estate attorney must notify the Department of Child Support Services within 90 days if they actually know the decedent, or an heir or beneficiary, has a court-ordered support obligation.
Does an executor have to investigate whether heirs owe child support?
No. Prob. Code, § 9202, subdivision (e)(2), as amended by SB 1264, says the subdivision does not impose a duty on a personal representative or estate attorney to investigate whether anyone is subject to a child support order.
When is the child support notice due in a California probate?
Within 90 days after letters are first issued to the general personal representative. It can be sent by mail under Prob. Code, § 1215, or electronically.
What rule applies to a probate opened in 2026?
For estates with letters issued on or after January 1, 2026 and before 2027, the earlier version of § 9202(e) applies: notice was required if the representative or attorney knew or had reason to believe the decedent had a court-ordered support obligation. It didn’t cover heirs or beneficiaries.
Can a child support agency make a claim against the estate?
For a notice that the decedent owed support, a local child support agency may assert a claim no later than four months after the notice is delivered. For an heir or beneficiary who owes support, collection follows other law.
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