Close California’s Probate Loopholes Now
Jeremy Michael Berman with his family
In Washington, lawmakers took action to stop probate exploitation and close probate loopholes. It’s time for California to take action too.
A KING 5 investigation exposed how unrelated third parties were able to take control of more than 200 estates in Washington, sometimes leaving families to fight strangers for control of their loved ones’ property.
The scheme in Washington exploited a provision that allowed an unrelated “suitable person” to step in and administer an intestate estate when no family member acted quickly enough.
In response, Washington passed HB 2445, “Ending probates for profit,” which was signed into law on March 24, 2026, and took effect June 11, 2026.
California has a different vulnerability with similarly serious consequences. The danger here isn’t Washington’s “suitable person” provision. It’s how broadly California law defines who can initiate probate in the first place.
Under California Probate Code § 48, a creditor can qualify as an “interested person.” Under California Probate Code § 8000, any interested person may petition the court to begin administration of a deceased person’s estate.
It becomes even more troubling when the estate is small enough that California law allows it to be handled without a full probate case, yet someone asserting creditor status can still petition to open probate, even if they are not an heir, beneficiary, or the executor named in the will.
The death of a loved one is one of the most vulnerable times in our lives. A grieving family should not be pulled into years of costly probate litigation that could exceed the value of the estate simply because an outsider makes an unproven financial claim.
This is not hypothetical. My fiancé, Jeremy Michael Berman, named me as the executor and sole beneficiary of his estate in his signed, witnessed, and notarized will.
Jeremy’s estate qualified for California’s simplified small-estate process, but a third party asserting creditor status filed a petition in Riverside County seeking formal probate. The petition marked that Jeremy died without a will, despite the existence of his will.
At this time, I cannot fully comment on those events due to pending civil litigation.
That said, Justice for Jeremy Berman is proposing Jeremy Michael Berman’s Law, a California probate reform initiative designed to protect small estates, require purported creditors to prove their claims, ensure courts check for an existing will, and strengthen protections for the executor and beneficiaries chosen by the deceased.
I believe California lawmakers must close these probate loopholes by:
Requiring proof of the estate’s actual assets and value before a qualifying small estate can be subjected to full probate.
Requiring a purported creditor to prove their claim before initiating formal probate. An allegation alone should not be enough. The creditor should have to prove that the debt exists and substantiate the amount with verifiable evidence.
Requiring courts to verify whether a will has already been lodged before allowing any estate to proceed as intestate, meaning as though the deceased left no will. If a will exists in the court’s records, it must be linked to the probate case before the case moves forward.
Protecting the executor explicitly chosen by the deceased, as well as the intended beneficiaries. A third party should not be able to displace the named executor based solely on an allegation, financial claim, or preference for someone else. The deceased’s chosen executor should remain in place unless legally sufficient grounds for removal are proven.
Washington showed how probate laws can be exploited, and lawmakers stepped in to fix the problem. The case of Jeremy Michael Berman in Riverside County reveals similar vulnerabilities in California that demand action.
California must close these probate loopholes now.
Love, Brandi ❤️
Sources:
KING 5 News, “Lawmakers push to close probate loophole after strangers seized control of 200 estates”
Washington State Legislature, HB 2445: Ending probates for profit
California Probate Code § 48, definition of “interested person”
California Probate Code § 8000, commencement of estate administration
California Probate Code § 13100, small-estate transfer without administration
California Courts, Small Estate Affidavit guidance
What is probate? In California, probate is the formal court process used to administer a person’s estate after death, including identifying assets, resolving debts, and distributing property. Some smaller estates may qualify for simplified procedures that avoid a full probate case.
Disclaimer: This piece reflects my policy views and is not legal advice. Anyone facing a probate dispute should consult a licensed attorney.
Although Jeremy Michael Berman’s probate has concluded, related civil litigation continues. Because certain matters remain the subject of ongoing civil proceedings, I cannot comment fully on those matters at this time.
This article is intended for informational, historical, activist, and testamentary rights advocacy purposes only. The opinions expressed are my own and are based on my personal experiences, opinions and observations.
Nothing contained herein should be construed as legal advice and nothing herein is intended to waive any legal rights, claims, defenses, privileges, or remedies available to Jeremy Berman’s estate, Brandi Booth, or related parties.
