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Writer's pictureGenoveva Meza Talbott
Nov 193 min read

California Family & Estate Law Highlights for 2025

Two wedding rings on a table.

As we approach the new year, staying informed about legal changes that could impact your family and financial plans is essential. California continues to refine laws around estates, probate, and family agreements to better serve its residents. Here are three key updates for 2025 that you should know about.  


1. Protecting Digital Assets in Estate Plans

In today’s world, so much of our lives exist online—bank accounts, social media, subscriptions, and even cryptocurrency. However, gaining access to these digital assets after someone passes away has traditionally been a legal and logistical headache. California has addressed this issue through the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).  


This law, incorporated into the California Probate Code (§870-884), empowers individuals to grant their executor or trustee legal authority to manage digital assets upon their passing. Without explicit permission in your estate plan, loved ones may face roadblocks due to privacy laws or user agreements with tech companies.  


If you haven’t already, consider updating your estate plan to include specific instructions for digital assets. This simple step ensures your family can access what they need while honoring your wishes.  


2. Greater Flexibility in Prenuptial and Postnuptial Agreements

For those considering marriage—or revisiting agreements during their marriage—California has seen ongoing clarifications in how prenuptial and postnuptial agreements can protect property. Case law, such as In re Marriage of Facter and Marriage of Starkman, has reinforced the importance of proper drafting, fair disclosure, and voluntary consent.  


Specifically, these agreements have become increasingly relevant for individuals with complex finances, such as business owners or those with significant separate property. Family Code §1615 outlines how courts evaluate the enforceability of these agreements, particularly when it comes to the timing of execution and the level of financial transparency provided.  


For anyone with investments, a business, or separate property to protect, these agreements offer a way to safeguard assets while setting clear expectations. If your circumstances have changed, it may be time to revisit or revise these agreements to ensure they meet your needs and comply with the latest legal standards.  


3. Simplified Probate for Certain Estates

Probate often gets a bad reputation for being a long, costly, and emotionally draining process because, for many families, it is. California has taken steps to streamline probate for estates that meet certain criteria, especially smaller ones. Under California Probate Code §§ 13100–13116, estates valued below a specific threshold may qualify for simplified probate procedures.  


These processes minimize court involvement, reduce paperwork, and save families time and money during an already challenging time. For example, heirs may use a small estate affidavit to transfer property without going through full probate, provided certain conditions are met.  


While simplified probate won’t apply to every estate, it highlights the importance of having a clear estate plan to determine eligibility. Even for larger estates, proactive planning can help avoid unnecessary delays and expenses.  


Take Action Today

These updates emphasize the importance of staying proactive when it comes to your legal and financial planning. Whether it’s protecting your digital legacy, updating an agreement, or avoiding unnecessary probate hurdles, taking action now can save your family time and stress in the future.  


If you have questions about how these updates apply to you, feel free to reach out. At Meza Talbott Law, we’re here to help you protect what matters most.



 

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