citation: PROB § 5500

text:
(a) This part shall be known as and may be cited as the Uniform TOD Security Registration Act.

(b) This part shall be liberally construed and applied to promote its underlying purposes and policy.

(c) The underlying purposes and policy of this act are to (1) encourage development of a title form for use by individuals that is effective, without probate and estate administration, for transferring property at death in accordance with directions of a deceased owner of a security as included in the title form in which the security is held and (2) protect issuers offering and implementing the new title form.

(d) Unless displaced by the particular provisions of this part, the principles of law and equity supplement its provisions.

history: (History: Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)

path: 5. NONPROBATE TRANSFERS > 3. UNIFORM TOD SECURITY REGISTRATION ACT


kind: section

code: PROB

citation: PROB § 5501

text:
For purposes of this part:

(a) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(b) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(c) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(d) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

(e) (1) “Security account” means any of the following:

(A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death.

(B) An investment management or custody account with a trust company or a trust department of a bank with trust powers, including the securities in the account, the cash balance in the account, and cash equivalents, and interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death.

(C) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.

(2) For the purposes of this subdivision, “cash equivalent” means an investment that is easily converted into cash, including, treasury bills, treasury notes, money market funds, savings bonds, short-term instruments, and short-term obligations.

(f) This section may not be construed to govern cash equivalents in multiple-party accounts that are governed by the California Multiple-Party Accounts Law, Part 2 (commencing with Section 5100).

history: (History: Amended by Stats. 2002, Ch. 809, Sec. 3. Effective January 1, 2003.)

division: 5. NONPROBATE TRANSFERS

part: 3. UNIFORM TOD SECURITY REGISTRATION ACT


citation: PROB § 5502

text: Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.


citation: PROB § 5503

text: A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.


citation: PROB § 5504

text: A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.


citation: PROB § 5505

text: Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.


citation: PROB § 5506

text: The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.


citation: PROB § 5507

text: On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.


citation: PROB § 5508

text:
(a) A registering entity is not required to offer or to accept requests for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented as provided in this part.

(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Section 5507 and does so in good faith reliance (1) on the registration, (2) on this part, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity shall affect its right to protection under this part.

(d) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.


citation: PROB § 5509

text:
(a) Any transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.

(b) This part does not limit the rights of a surviving spouse or creditors of security owners against beneficiaries and other transferees under other laws of this state.


citation: PROB § 5510

text:
(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for (1) registrations in beneficiary form, and (2) implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.

(b) The terms and conditions established pursuant to subdivision (a) may provide for (1) proving death, (2) avoiding or resolving any problems concerning fractional shares, (3) designating primary and contingent beneficiaries, and (4) substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.

(c) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:

(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.

(2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown, JT TEN TOD John S. Brown, Jr.

(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown, JT TEN TOD John S. Brown, Jr. SUB BENE Peter Q. Brown , or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS.


citation: PROB § 5511

text: Nothing in this part alters the community character of community property or community rights in community property. This part is subject to Chapter 2 (commencing with Section 5010) of Part 1 of Division 5.


citation: PROB § 5512

text: This part applies to registrations of securities in beneficiary form made before, on, or after January 1, 1999, by decedents dying on or after January 1, 1999.


citation: PROB § 5600

text:
(a) This part applies to a revocable transfer on death deed made by a transferor who dies on or after January 1, 2016, whether the deed was executed or recorded before, on, or after January 1, 2016.

(b) Nothing in this part invalidates an otherwise valid transfer under Section 5602.

(c) This part shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2032, deletes or extends that date. The repeal of this part pursuant to this subdivision shall not affect the validity or effect of a revocable transfer on death deed that is executed before January 1, 2032, and shall not affect the authority of the transferor to revoke a transfer on death deed by recording a signed and notarized instrument that is substantially in the form specified in Section 5644.

(d) The revisions made by the act that added this subdivision do not apply to a revocable transfer on death deed or revocation form that was signed before January 1, 2022.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 2. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Part 4, comprising Sections 5600 to 5698.)

part: 4. REVOCABLE TRANSFER ON DEATH DEED

chapter: 1. General Provisions

article: 1. Preliminary Provisions

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 1. General Provisions > 1. Preliminary Provisions


citation: PROB § 5602

text: This part does not preclude use of any other method of conveying real property that is permitted by law and that has the effect of postponing enjoyment of the property until the death of the owner.

history: (History: Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. Preliminary Provisions


citation: PROB § 5604

text:
(a) Except as provided in subdivision (b), nothing in this part affects the application to a revocable transfer on death deed of any other statute governing a nonprobate transfer on death, including, but not limited to, any of the following provisions that by its terms or intent would apply to a nonprobate transfer on death:

(1) Division 2 (commencing with Section 100).

(2) Part 1 (commencing with Section 5000) of this division.

(3) Division 10 (commencing with Section 20100).

(4) Division 11 (commencing with Section 21101).

(b) Notwithstanding subdivision (a), a provision of another statute governing a nonprobate transfer on death does not apply to a revocable transfer on death deed to the extent this part provides a contrary rule.

article: 1. Preliminary Provisions


citation: PROB § 5605

text:
(a) The California Law Revision Commission shall study the effect of California’s revocable transfer on death deed and make recommendations for improvement of this part. The commission shall report all of its findings and recommendations to the Legislature on or before January 1, 2031.

(b) In the study required by subdivision (a), the commission shall address all of the following:

(1) Whether the revocable transfer on death deed is working effectively.

(2) Whether the revocable transfer on death deed should be continued.

(3) Whether the revocable transfer on death deed is subject to misuse or misunderstanding.

(4) What changes should be made to the revocable transfer on death deed or the law associated with the deed to improve its effectiveness and to avoid misuse or misunderstanding.

(5) Whether the revocable transfer on death deed has been used to perpetuate financial abuse on property owners and, if so, how the law associated with the deed should be changed to minimize this abuse.

(6) Whether there should be any change to the types of property that can be transferred by revocable transfer on death deed.

(7) Whether there should be any change to the types of persons or entities that can be named as the beneficiary of a revocable transfer on death deed.

(c) The report required by subdivision (a) shall comply with Section 9795 of the Government Code.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 3. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. Preliminary Provisions


citation: PROB § 5606

text: Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.

article: 2. Definitions

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 1. General Provisions > 2. Definitions


citation: PROB § 5608

text: “Beneficiary” means a person named in a revocable transfer on death deed as transferee of the property. A natural person, trust, or legal entity may be named as a beneficiary.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 4. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


citation: PROB § 5610

text:
(a) Except as provided in subdivision (b), “real property” means either of the following:

(1) A parcel of land that is improved with one to four residential dwelling units.

(2) A residential separate interest and its appurtenant common area in a common interest development, regardless of the number of separate interests in the common interest development.

(b) “Real property” does not include a parcel of agricultural land that is greater than 40 acres in size. For the purposes of this subdivision, “agricultural land” means land that is designated for agricultural use by law or by a document that is recorded in the county in which the land is located.

(c) The definition of “real property” shall be construed pursuant to the circumstances that existed on the execution date shown on the revocable transfer on death deed.

history: (History: Amended by Stats. 2023, Ch. 62, Sec. 1. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


citation: PROB § 5612

text: “Recorded” has the meaning provided in Section 1170 of the Civil Code.

article: 2. Definitions


citation: PROB § 5614

text:
(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following:

(1) Makes a donative transfer of real property to a named beneficiary.

(2) Operates on the transferor’s death.

(3) Remains revocable until the transferor’s death.

(b) A revocable transfer on death deed may also be known as a “revocable TOD deed.”

(c) A revocable transfer on death deed may be used to transfer real property even if ownership of the property is not typically evidenced or transferred by use of a deed.

history: (History: Amended by Stats. 2023, Ch. 62, Sec. 2. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


text: “Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.

history: (History: Added by Stats. 2023, Ch. 62, Sec. 3. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


citation: PROB § 5615

text: “Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 7. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


citation: PROB § 5616

text: “Transferor” means an owner of real property who makes a revocable transfer on death deed of the property.

article: 2. Definitions


citation: PROB § 5618

text: “Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 8. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Definitions


citation: PROB § 5620

text: An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property.

chapter: 2. Execution and Revocation

article: 1. Execution

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 2. Execution and Revocation > 1. Execution


citation: PROB § 5622

text: The transferor shall identify the beneficiary by name in a revocable transfer on death deed.

article: 1. Execution


citation: PROB § 5624

text:
A revocable transfer on death deed is not effective unless all of the following conditions are satisfied:

(a) The deed is signed by the transferor and dated.

(b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed or the transferor’s acknowledgment that the transferor had signed the deed.

(c) The deed is acknowledged before a notary public.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 9. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. Execution


citation: PROB § 5625

text:
(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.

(b) A revocable transfer on death deed is not invalid because it is signed by an interested witness.

(c) If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 10. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. Execution


citation: PROB § 5626

text:
(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary.

(b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s life.

(c) The beneficiary is not required to accept a revocable transfer on death deed from the transferor during the transferor’s life.

(d) (1) Subdivision (a) does not require the recordation of the “Common Questions” language that is specified in subdivision (b) of Section 5642. The failure to record that part of the statutory form has no effect on the effectiveness of a revocable transfer on death deed.

(2) (A) This subdivision applies to a revocable transfer on death deed executed on or after July 9, 2018.

(B) This subdivision applies to a revocable transfer on death deed executed before July 9, 2018, only if the transferor was alive on July 9, 2018.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 11. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. Execution


citation: PROB § 5628

text:
(a) If a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its recordation revokes the earlier executed deed.

(b) Revocation of a revocable transfer on death deed does not revive an instrument earlier revoked by recordation of that deed.

article: 1. Execution


citation: PROB § 5630

text: A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any time.

article: 2. Revocation

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 2. Execution and Revocation > 2. Revocation


citation: PROB § 5632

text:
(a) An instrument revoking a revocable transfer on death deed shall be executed and recorded in the same manner as execution and recordation of a revocable transfer on death deed.

(b) Joinder, consent, or agreement of, or notice to, the beneficiary is not required for revocation of a revocable transfer on death deed.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 12. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Revocation


citation: PROB § 5642

text:
A revocable transfer on death deed shall be substantially in the following form.

(a) The first page of the form shall be substantially the following:REVOCABLE TRANSFER ON DEATH (TOD) DEED(California Probate Code Section 5642)Recording Requested By:When Recorded Mail This Deed ToName:Address:Assessor’s Parcel Number:Space Above For Recorder’s UseThis document is exempt from documentary transfer tax under Rev. & Tax. Code § 11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code § 480.3.IMPORTANT NOTICE: THIS DEED MUST BE RECORDED ON OR BEFORE 60 DAYS AFTER THE DATE IT IS NOTARIZEDUse this deed to transfer the residential property described below directly to your named beneficiaries when you die. YOU SHOULD CAREFULLY READ ALL OF THE INFORMATION ON THE OTHER PAGES OF THIS FORM. You may wish to consult an attorney before using this deed. It may have results that you do not want. Provide only the information asked for in the form. DO NOT INSERT ANY OTHER INFORMATION OR INSTRUCTIONS. This form MUST be RECORDED on or before 60 days after the date it is notarized or it will not be effective.PROPERTY DESCRIPTIONPrint the legal description of the residential property affected by this deed:BENEFICIARY(IES)Name the person(s) or entity(ies) who will receive the described property on your death.IF YOU ARE NAMING A PERSON, state the person’s FULL NAME (DO NOT use general terms like “my children”). You may also wish to state the RELATIONSHIP that the person has to you (spouse, son, daughter, friend, etc.), but this is not required.IF YOU ARE NAMING A TRUST, state the full name of the trust, the name of the trustee(s), and the date shown on the signature page of the trust.IF YOU ARE NAMING A PRIVATE OR PUBLIC ENTITY, state the name of the entity as precisely as you can.TRANSFER ON DEATHI transfer all of my interest in the described property to the named beneficiary(ies) on my death. I may revoke this deed. When recorded, this deed revokes any TOD deed that I made before signing this deed.Sign and print your name below (your name should exactly match the name shown on your title documents):Date NOTE: This deed only transfers MY ownership share of the property. The deed does NOT transfer the share of any co-owner of the property. Any co-owner who wants to name a TOD beneficiary must execute and RECORD a SEPARATE deed.WITNESSESTo be valid, this deed must be signed by two persons, both present at the same time, who witness your signing of the deed or your acknowledgment that it is your deed. The signatures of the witnesses do not need to be acknowledged by a notary public.Witness #1 Witness #2Print and sign your name: Print and sign your name:-------------------------------------- --------------------------------------ACKNOWLEDGMENT OF NOTARYA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California)County of )On ___________________________ before me, (here insert name and title of the officer), personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature ___________________________ (Seal)(b) Subsequent pages of a form executed under this section shall be in substantially the following form:COMMON QUESTIONS ABOUT THE USE OF THIS FORMWHAT DOES THE TOD DEED DO? When you die, the identified property will transfer to your named beneficiary without probate. The TOD deed has no effect until you die. You can revoke it at any time.CAN I USE THIS DEED TO TRANSFER NONRESIDENTIAL PROPERTY? No. This deed can only be used to transfer residential property. Also, the deed cannot be used to transfer a parcel of agricultural land that is over 40 acres in size.CAN I USE THIS DEED TO TRANSFER A MOBILEHOME? The deed can only be used to transfer a mobilehome if it is a “fixture” or improvement under Section 18551 of the Health and Safety Code. If you are unsure whether your mobilehome is a fixture, you may wish to consult an attorney. An error on this point could cause the transfer of your mobilehome to fail.HOW DO I USE THE TOD DEED? Complete this form. Have it signed by two persons who are both present at the same time and who witness you either signing the form or acknowledging the form. Then NOTARIZE your signature (witness signatures do not need to be notarized). RECORD the form in the county where the property is located. The form MUST be recorded on or before 60 days after the date you notarize it or the deed has no effect.IF I AM UNABLE TO SIGN THE DEED, MAY I ASK SOMEONE ELSE TO SIGN MY NAME FOR ME? Yes. However, if the person who signs for you would benefit from the transfer of your property, there is a chance that the transfer under this deed will fail. You may wish to consult an attorney before taking that step.CAN A PERSON WHO SIGNS THE DEED AS A WITNESS ALSO BE A BENEFICIARY? Yes, but this can cause serious legal problems, including the possible invalidation of the deed. You should avoid using a beneficiary as a witness.IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? Yes.HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the county recorder for the county where the property is located. If you are not absolutely sure, consult an attorney.HOW DO I “RECORD” THE FORM? Take the completed and notarized form to the county recorder for the county in which the property is located. Follow the instructions given by the county recorder to make the form part of the official property records.WHAT IF I SHARE OWNERSHIP OF THE PROPERTY? This form only transfers YOUR share of the property. If a co-owner also wants to name a TOD beneficiary, that co-owner must complete and RECORD a separate form.CAN I REVOKE THE TOD DEED IF I CHANGE MY MIND? Yes. You may revoke the TOD deed at any time. No one, including your beneficiary, can prevent you from revoking the deed.HOW DO I REVOKE THE TOD DEED? There are three ways to revoke a recorded TOD deed: (1) Complete, have witnessed and notarized, and RECORD a revocation form. (2) Create, have witnessed and notarized, and RECORD a new TOD deed. (3) Sell or give away the property, or transfer it to a trust, before your death and RECORD the deed. A TOD deed can only affect property that you own when you die. A TOD deed cannot be revoked by will.CAN I REVOKE A TOD DEED BY CREATING A NEW DOCUMENT THAT DISPOSES OF THE PROPERTY (FOR EXAMPLE, BY CREATING A NEW TOD DEED OR BY ASSIGNING THE PROPERTY TO A TRUST)? Yes, but only if the new document is RECORDED. To avoid any doubt, you may wish to RECORD a TOD deed revocation form before creating the new instrument. A TOD deed cannot be revoked by will, or by purporting to leave the subject property to anyone via will.IF I SELL OR GIVE AWAY THE PROPERTY DESCRIBED IN A TOD DEED, WHAT HAPPENS WHEN I DIE? If the deed or other document used to transfer your property is RECORDED within 120 days after the TOD deed would otherwise operate, the TOD deed will have no effect. If the transfer document is not RECORDED within that time period, the TOD deed will take effect.I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? Do NOT complete this form unless you freely choose to do so. If you are being pressured to dispose of your property in a way that you do not want, you may want to alert a family member, friend, the district attorney, or a senior service agency.DO I NEED TO TELL MY BENEFICIARY ABOUT THE TOD DEED? No. But secrecy can cause later complications and might make it easier for others to commit fraud.WHAT DOES MY BENEFICIARY NEED TO DO WHEN I DIE? Your beneficiary must do all of the following: (1) RECORD evidence of your death

(Prob. Code § 210). (2) File a change in ownership notice (Rev. & Tax. Code § 480). (3) Provide notice to your heirs that includes a copy of this deed and your death certificate (Prob. Code § 5681). Determining who is an “heir” can be complicated. Your beneficiary should consider seeking professional advice to make that determination. (4) RECORD an affidavit affirming that notice was sent to your heirs (Prob. Code § 5682(c)). (5) If you received Medi-Cal benefits, your beneficiary must notify the State Department of Health Care Services of your death and provide a copy of your death certificate (Prob. Code § 215). Your beneficiary may wish to consult a professional for assistance with these requirements.WHAT IF I NAME MORE THAN ONE BENEFICIARY? Your beneficiaries will become co-owners in equal shares as tenants in common. If you want a different result, you should not use this form.HOW DO I NAME BENEFICIARIES? (1) If the beneficiary is a person, you MUST state the person’s FULL name. You MAY NOT use general terms to describe beneficiaries, such as “my children.” You may also briefly state that person’s relationship to you (for example, my spouse, my son, my daughter, my friend, etc.), but this is not required. (2) If the beneficiary is a trust, you MUST name the trust, name the trustee(s), and state the date shown on the trust’s signature page. (3) If the beneficiary is a public or private entity, name the entity as precisely as you can.WHAT IF A BENEFICIARY DIES BEFORE I DO? If all beneficiaries die before you, the TOD deed has no effect. If a beneficiary dies before you, but other beneficiaries survive you, the share of the deceased beneficiary will be divided equally between the surviving beneficiaries. If that is not the result you want, you should not use the TOD deed.WHAT IS THE EFFECT OF A TOD DEED ON PROPERTY THAT I OWN AS JOINT TENANCY OR COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP? If you are the first joint tenant or spouse to die, the deed is VOID and has no effect. The property transfers to your joint tenant or surviving spouse and not according to this deed. If you are the last joint tenant or spouse to die, the deed takes effect and controls the ownership of your property when you die. If you do not want these results, do not use this form. The deed does NOT transfer the share of a co-owner of the property. Any co-owner who wants to name a TOD beneficiary must complete and RECORD a SEPARATE deed.CAN I ADD OTHER CONDITIONS ON THE FORM? No. If you do, your beneficiary may need to go to court to clear title.IS PROPERTY TRANSFERRED BY THE TOD DEED SUBJECT TO MY DEBTS? Yes.DOES THE TOD DEED HELP ME TO AVOID GIFT AND ESTATE TAXES? No.HOW DOES THE TOD DEED AFFECT PROPERTY TAXES? The TOD deed has no effect on your property taxes until your death. At that time, property tax law applies as it would to any other change of ownership.DOES THE TOD DEED AFFECT MY ELIGIBILITY FOR MEDI-CAL? No.

history: (History: Amended by Stats. 2023, Ch. 62, Sec. 4. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 3. Statutory Forms

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 2. Execution and Revocation > 3. Statutory Forms


citation: PROB § 5644

text: A transferor may revoke a revocable transfer on death deed by an instrument in substantially the following form:Revocation ofRevocable Transfer on Death (TOD) Deed(California Probate Code Section 5600)Recording Requested By:When Recorded Mail This Deed ToName:Address:Assessor’s Parcel Number:Space Above For Recorder’s UseThis deed revocation is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This deed revocation is exempt from preliminary change of ownership report under Rev. & Tax. Code § 480.3.IMPORTANT NOTICE: THIS FORM MUST BE RECORDED TO BE EFFECTIVEThis revocation form MUST be RECORDED on or before 60 days after the date it is notarized or it will not be effective. This revocation form only affects a transfer on death deed that YOU made. A transfer on death deed made by a co-owner of your property is not affected by this revocation form. A co-owner who wants to revoke a transfer on death deed that they made must complete and RECORD a SEPARATE revocation form.PROPERTY DESCRIPTIONPrint the legal description of the property affected by this revocation:REVOCATIONI revoke any TOD deed to transfer the described property that I executed before executing this form.SIGNATURE AND DATESign and print your name below (your name should exactly match the name shown on your title documents):Date WITNESSESTo be valid, this form must be signed by two persons, both present at the same time, who witness your signing of the form or your acknowledgment that it is your form. The signatures of the witnesses do not need to be acknowledged by a notary public.Witness #1 Witness #2Print and sign your name: Print and sign your name:-------------------------------------- --------------------------------------ACKNOWLEDGMENT OF NOTARYA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California)County of )On ___________________________ before me, (here insert name and title of the officer), personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature ___________________________ (Seal)

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 14. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 3. Statutory Forms


citation: PROB § 5650

text:
During the transferor’s life, execution and recordation of a revocable transfer on death deed:

(a) Does not affect the ownership rights of the transferor, and the transferor or the transferor’s agent or other fiduciary may convey, assign, contract, encumber, or otherwise deal with the property, and the property is subject to process of the transferor’s creditors, as if no revocable transfer on death deed were executed or recorded.

(b) Does not create any legal or equitable right in the beneficiary, and the property is not subject to process of the beneficiary’s creditors.

(c) Does not transfer or convey any right, title, or interest in the property.

chapter: 3. Effect

article: 1. General Provisions

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 3. Effect > 1. General Provisions


citation: PROB § 5652

text:
(a) A revocable transfer on death deed transfers all of the transferor’s interest in the property on the transferor’s death according to the following rules:

(1) Subject to the beneficiary’s right to disclaim the transfer, the interest in the property is transferred to the beneficiary in accordance with the deed.

(2) The interest of a beneficiary is contingent on the beneficiary surviving the transferor. Notwithstanding Section 21110, the interest of a beneficiary that fails to survive the transferor lapses.

(3) Except as provided in paragraph (4), if there is more than one beneficiary, they take the property as tenants in common, in equal shares.

(4) If there is more than one beneficiary, the share of a beneficiary that lapses or fails for any reason is transferred to the others in equal shares.

(b) Property is transferred by a revocable transfer on death deed subject to any limitation on the transferor’s interest that is of record at the transferor’s death or that is recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded, including, but not limited to, a lien, encumbrance, easement, lease, or other instrument affecting the transferor’s interest, whether recorded before or after recordation of the revocable transfer on death deed. The holder of rights under that instrument may enforce those rights against the property notwithstanding its transfer by the revocable transfer on death deed. An enforceable restriction on the use of the transferred property does not affect the transfer of title to the property by a revocable transfer on death deed.

(c) Notwithstanding subdivision (b), an interest in a stock cooperative is transferred by a revocable transfer on death deed subject to any limitation on the transferor’s interest that is expressed in the governing documents of the stock cooperative or in a written agreement between the stock cooperative and the transferor, without regard for whether or not those instruments are recorded.

(d) If a stock cooperative exercises an option to purchase property transferred by a revocable transfer on death deed on the transferor’s death, the result is as follows:

(1) The property is transferred to the stock cooperative rather than the beneficiary.

(2) The purchase price is paid to the beneficiary. Unless the law or the governing documents of the stock cooperative provide otherwise, the purchase price is the fair market value of the property, less the amount of any liens or encumbrances on the property at the time of the owner’s death and less any amount that the decedent owed to the stock cooperative.

(e) A revocable transfer on death deed transfers the property without covenant or warranty of title.

history: (History: Amended by Stats. 2023, Ch. 62, Sec. 5. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. General Provisions


citation: PROB § 5654

text:
(a) For the purpose of determination of eligibility for health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, execution and recordation of a revocable transfer on death deed is not a lifetime transfer of the property.

(b) Property transferred by a revocable transfer on death deed is subject to claims of the State Department of Health Care Services to the extent authorized by law.

article: 1. General Provisions


citation: PROB § 5656

text:
For the purpose of application of the property taxation and documentary transfer tax provisions of the Revenue and Taxation Code:

(a) Execution and recordation of, or revocation of, a revocable transfer on death deed of real property is not a change in ownership of the property and does not require declaration or payment of a documentary transfer tax or filing of a preliminary change of ownership report.

(b) Transfer of real property on the death of the transferor by a revocable transfer on death deed is a change in ownership of the property.

article: 1. General Provisions


citation: PROB § 5658

text:
A court in which the transferor’s estate is being administered may, on the petition of the personal representative or interested person, or on its own motion, apply the doctrine of cy pres to reform a revocable transfer on death deed that was made by the transferor for a charitable purpose, in either of the following circumstances:

(a) The beneficiary does not accept the gift.

(b) The beneficiary is a legal entity that dissolved or was merged into another entity before the transferor’s death.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 16. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. General Provisions


citation: PROB § 5659

text: An error or ambiguity in describing property or designating a beneficiary does not invalidate a revocable transfer on death deed if the transferor’s intention can be determined by a court. The general law that governs judicial construction or reformation of an error or ambiguity in a deed applies to a revocable transfer on death deed.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 17. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 1. General Provisions


citation: PROB § 5660

text:
(a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property:

(1) If the other instrument makes a revocable disposition of the property, the later executed of the revocable transfer on death deed or the other instrument is the operative instrument.

(2) If the other instrument makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.

(b) A claim that a revocable transfer on death deed is inoperative pursuant to this section shall be brought as a contest under Chapter 5 (commencing with Section 5690).

history: (History: Amended by Stats. 2023, Ch. 62, Sec. 6. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 3. Effect > 2. Other Instruments and Forms of Tenure


citation: PROB § 5664

text: If, at the time of the transferor’s death, title to the property described in the revocable transfer on death deed is held in joint tenancy or as community property with right of survivorship, the revocable transfer on death deed is void. The transferor’s interest in the property is governed by the right of survivorship and not by the revocable transfer on death deed.

history: (History: Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 2. Other Instruments and Forms of Tenure


citation: PROB § 5666

text:
(a) Chapter 2 (commencing with Section 5010) of Part 1 applies to a revocable transfer on death deed of community property.

(b) For the purpose of application of Chapter 2 (commencing with Section 5010) of Part 1 to a revocable transfer on death deed of community property, written consent to the deed, revocation of written consent to the deed, or modification of the deed, is ineffective unless recorded within the time required by that chapter for execution or service of the written consent, revocation, or modification.


citation: PROB § 5668

text: A revocable transfer on death deed of community property with right of survivorship is subject to Section 5666, relating to a revocable transfer on death deed of community property.


citation: PROB § 5670

text: Notwithstanding any other statute governing priorities among creditors, a creditor of the transferor whose right is evidenced at the time of the transferor’s death by an encumbrance or lien of record on property transferred by a revocable transfer on death deed has priority against the property over a creditor of the beneficiary, regardless of whether the beneficiary’s obligation was created before or after the transferor’s death and regardless of whether the obligation is secured or unsecured, voluntary or involuntary, recorded or unrecorded.

article: 3. Creditors

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 3. Effect > 3. Creditors


citation: PROB § 5672

text: Each beneficiary is personally liable to the extent provided in Section 5674 for the unsecured debts of the transferor. Any such debt may be enforced against the beneficiary in the same manner as it could have been enforced against the transferor if the transferor had not died. In any action based on the debt, the beneficiary may assert any defense, cross-complaint, or setoff that would have been available to the transferor if the transferor had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.

article: 3. Creditors


citation: PROB § 5674

text:
(a) A beneficiary is not liable under Section 5672 if proceedings for the administration of the transferor’s estate are commenced and the beneficiary satisfies the requirements of Section 5677 or 5678.

(b) The personal liability of a beneficiary under Section 5672 shall not exceed the fair market value at the time of the transferor’s death of the property received by the beneficiary pursuant to the revocable transfer on death deed, less the amount of any liens and encumbrances on the property at that time.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 19. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 3. Creditors


citation: PROB § 5677

text:
(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary of a revocable transfer on death deed is personally liable to the estate for a share of the transferor’s unsecured debts.

(b) In calculating the beneficiary’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:

(1) The property that was transferred to the beneficiary by revocable transfer on death deed shall be treated as if it were a specific gift made by the decedent’s will.

(2) The value of the property received by the beneficiary pursuant to the revocable transfer on death deed shall be deemed to be the fair market value of the property at the time of the transferor’s death, less the amount of any liens and encumbrances on the property at that time.

(3) Any unsecured debts of the transferor that were paid by the beneficiary pursuant to Section 5672 shall be treated as if they were claims made against the transferor’s estate.

(c) The personal representative shall provide a written statement of liability to the beneficiary, which specifies the amount that must be paid to the estate.

(d) The beneficiary is personally liable to the estate for the amount specified in the statement of liability. Any amount that the beneficiary paid toward the unsecured debts of the transferor pursuant to Section 5672 shall be credited against the amount that the beneficiary owes the estate under this subdivision. If the amount that the beneficiary paid pursuant to Section 5672 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the beneficiary. For the purposes of Section 11420, this reimbursement shall be deemed an expense of administration.

(e) In the event that the beneficiary and the personal representative cannot agree on the reimbursement or liability due under this section, the beneficiary or personal representative may petition the court for an order determining the amount of the reimbursement or liability.

(f) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The beneficiary is liable for the payment of that cost, which shall be separately identified in the statement of liability.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 21. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 3. Creditors


citation: PROB § 5678

text:
(a) If proceedings for the administration of the transferor’s estate are commenced, a beneficiary who receives property from the transferor under a revocable transfer on death deed may voluntarily return that property to the transferor’s estate for administration.

(b) Property returned to the transferor’s estate under this section shall be treated as if it had been specifically devised to the beneficiary by the transferor.

(c) If the beneficiary’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the estate shall reimburse the beneficiary by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions:

(1) A payment toward an unsecured debt of the decedent.

(2) A payment toward a debt secured against the returned property.

(3) A significant improvement of the returned property that increased the fair market value of the property.

(d) If the beneficiary’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the beneficiary is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction:

(1) An action or inaction that resulted in a lien or encumbrance being recorded against the property.

(2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the beneficiary.

(e) The personal representative shall provide the beneficiary a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability. For the purposes of Section 11420, any reimbursement under this section shall be deemed an expense of administration.

(f) In the event that the beneficiary and the personal representative cannot agree on the reimbursement or liability due under this section, the beneficiary or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the beneficiary or the estate.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 22. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

article: 3. Creditors


citation: PROB § 5680

text:
(a) The beneficiary may establish the fact of the transferor’s death under the procedure provided in Chapter 2 (commencing with Section 210) of Part 4 of Division 2. For the purpose of this subdivision, the beneficiary is a person empowered by statute to act on behalf of the transferor or the transferor’s estate within the meaning of Section 103526 of the Health and Safety Code.

(b) For the purpose of filing the change in ownership statement required by Section 480 of the Revenue and Taxation Code, the beneficiary is a transferee of real property by reason of death.

(c) For the purpose of giving the notice to the Director of Health Care Services provided for in Section 215, the beneficiary is a beneficiary of the transferor.

(d) The beneficiary is liable to the transferor’s estate for prorated estate and generation-skipping transfer taxes to the extent provided in Division 10 (commencing with Section 20100).

chapter: 4. Effectuation of Transfer

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 4. Effectuation of Transfer


citation: PROB § 5681

text:
(a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor’s heirs, along with a copy of the revocable transfer on death deed and a copy of the transferor’s death certificate.

(b) The notice required by subdivision (a) shall be in substantially the following form:“NOTICE OF REVOCABLE TRANSFER ON DEATH DEED

The enclosed revocable transfer on death deed was created by: [name of deceased transferor].

It affects the following property: [description of property used on revocable transfer on death deed].

It names the following beneficiaries: [beneficiary(ies) named on the revocable transfer on death deed].

As a result of the death of [name of deceased transferor], the deed will transfer the described property to the named beneficiaries, without probate administration.

If you believe that the revocable transfer on death deed is invalid and you wish to stop it from taking effect, you have only 120 days from the date of this notice to file a fully effective challenge. You should act promptly and may wish to consult an attorney.”

(c) For the purposes of this section, if the beneficiary has actual knowledge of a final judicial determination of heirship for the deceased transferor, the beneficiary shall rely on that determination. Otherwise, the beneficiary shall have discretion to make a good faith determination, by any reasonable means, of the heirs of the transferor.

(d) The beneficiary need not provide a copy of the notice to an heir who is either of the following:

(1) Known to the beneficiary but who cannot be located by the beneficiary after reasonable diligence.

(2) Unknown to the beneficiary.

(e) The notice shall be served by any of the methods described in Section 1215 to the last known address.

(f) If a revocable transfer on death deed names more than one beneficiary, only one of the beneficiaries is required to comply with this section.

(g) (1) A beneficiary who fails to serve the notification required by this section on an heir who is not a beneficiary and whose identity is known to the beneficiary shall be responsible for all damages caused to the heir by the failure, unless the beneficiary shows that they made a reasonably diligent effort to comply. For purposes of this subdivision, “reasonably diligent effort” means that the beneficiary has delivered notice pursuant to Section 1215 to the heir at the heir’s last address actually known to the beneficiary.

(2) A beneficiary is not liable under this subdivision if that beneficiary reasonably relied, in good faith, on another beneficiary’s statement that the other beneficiary would satisfy the requirements of this section.

(3) A beneficiary is not to be held to the same standard as a fiduciary.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 23. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)


citation: PROB § 5682

text:
If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the transferor’s estate that had become final:

(a) The person acted in good faith and for a valuable consideration.

(b) An affidavit of death was recorded for the property under Chapter 2 (commencing with Section 210) of Part 4 of Division 2.

(c) (1) An affidavit was recorded for the property, which contains a statement in substantially the following form: “I, [name of beneficiary], served the notice required by Probate Code Section 5681.”

(2) If a revocable transfer on death deed names more than one beneficiary, only one beneficiary is required to comply with this subdivision.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 24. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)


citation: PROB § 5690

text:
(a) (1) An action for the disqualification of a beneficiary under Part 3.7 (commencing with Section 21360) of Division 11 may be brought to contest the validity of a transfer of property by a revocable transfer on death deed.

(2) An action to contest the validity of a transfer of property by a revocable transfer on death deed may be filed by the transferor’s personal representative or an interested person under Part 19 (commencing with Section 850) of Division 2.

(3) An action to contest the validity of a revocation of a revocable transfer on death deed may be filed by the transferor’s personal representative or a beneficiary of the revoked deed under Part 19 (commencing with Section 850) of Division 2. If the contest is successful, the court shall determine the appropriate remedy, which may include revival of the revoked deed. In deciding the remedy, the court shall attempt to effectuate the intentions of the transferor.

(b) The proper county for a contest proceeding is the proper county for proceedings concerning administration of the transferor’s estate, whether or not proceedings concerning administration of the transferor’s estate have been commenced at the time of the contest.

(c) On commencement of a contest proceeding, the contestant may record a lis pendens in the county in which the revocable transfer on death deed is recorded.

(d) In a contest proceeding, each subscribing witness of the revocable transfer on death deed shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the deed.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 25. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

chapter: 5. Contest

path: 5. NONPROBATE TRANSFERS > 4. REVOCABLE TRANSFER ON DEATH DEED > 5. Contest


citation: PROB § 5692

text:
(a) A contest proceeding pursuant to Section 5690 shall not be commenced before the transferor’s death.

(b) For the purposes of the applicable limitations period, a contest proceeding accrues on the date of the transferor’s death.


citation: PROB § 5694

text:
If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief:

(a) If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it.

(b) If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.

history: (History: Amended by Stats. 2021, Ch. 215, Sec. 26. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)


citation: PROB § 5696

text:
(a) Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a transfer of property by a revocable transfer on death deed.

(b) Notwithstanding subdivision (a) of Section 5692, the conservator or guardian of a transferor may, before the transferor’s death, petition the court for invalidation of a revocable transfer on death deed executed by the transferor.


citation: PROB § 5698

text: Nothing in this chapter limits the application of other law that imposes a penalty or provides a remedy for the creation of a revocable transfer on death deed by means of fraud, undue influence, menace, or duress, including, but not limited to, Section 368 of the Penal Code and Sections 15656 and 15657.5 of the Welfare and Institutions Code.

history: (History: Added by Stats. 2021, Ch. 215, Sec. 27. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)


citation: PROB § 5700

text: As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration.

history: (History: Added by Stats. 1991, Ch. 1055, Sec. 18.)

part: 5. GIFTS IN VIEW OF IMPENDING DEATH

path: 5. NONPROBATE TRANSFERS > 5. GIFTS IN VIEW OF IMPENDING DEATH


citation: PROB § 5701

text: Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.


citation: PROB § 5702

text:
(a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or other cause, and with intent that it shall be revoked if the giver recovers from the illness or escapes from the peril.

(b) A reference in a statute to a gift in view of death means a gift in view of impending death.


citation: PROB § 5703

text: A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death, is presumed to be a gift in view of impending death.


citation: PROB § 5704

text:
(a) A gift in view of impending death is revoked by:

(1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.

(2) The death of the donee before the death of the giver.

(b) A gift in view of impending death may be revoked by:

(1) The giver at any time.

(2) The giver’s will if the will expresses an intention to revoke the gift.

(c) A gift in view of impending death is not affected by a previous will of the giver.

(d) Notwithstanding subdivisions (a) and (b), when the gift has been delivered to the donee, the rights of a purchaser or encumbrancer, acting before the revocation in good faith, for a valuable consideration, and without knowledge of the conditional nature of the gift, are not affected by the revocation.


citation: PROB § 5705

text: A gift in view of impending death is subject to Section 9653.


citation: PROB § 6100

text:
(a) An individual 18 or more years of age who is of sound mind may make a will.

(b) A conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservatee who is mentally competent to make a will from revoking or amending a will made by the conservator or making a new and inconsistent will.

history: (History: Amended by Stats. 1995, Ch. 730, Sec. 7. Effective January 1, 1996.)

division: 6. WILLS AND INTESTATE SUCCESSION

part: 1. WILLS

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 1. General Provisions


text:
(a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true:

(1) The individual does not have sufficient mental capacity to be able to do any of the following:

(A) Understand the nature of the testamentary act.

(B) Understand and recollect the nature and situation of the individual’s property.

(C) Remember and understand the individual’s relations to living descendants, spouse, and parents, and those whose interests are affected by the will.

(2) The individual suffers from a mental health disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual’s devising property in a way that, except for the existence of the delusions or hallucinations, the individual would not have done.

(b) This section does not supersede existing law relating to the admissibility of evidence to prove the existence of mental incompetence or mental health disorders.

(c) Notwithstanding subdivision (a), a conservator may make a will on behalf of a conservatee if the conservator has been authorized to do so by a court order pursuant to Section 2580.

history: (History: Amended by Stats. 2019, Ch. 9, Sec. 18. (AB 46) Effective January 1, 2020.)


citation: PROB § 6101

text:
A will may dispose of the following property:

(a) The testator’s separate property.

(b) The one-half of the community property that belongs to the testator under Section 100.

(c) The one-half of the testator’s quasi-community property that belongs to the testator under Section 101.

history: (History: Enacted by Stats. 1990, Ch. 79.)


citation: PROB § 6102

text:
A will may make a disposition of property to any person, including but not limited to any of the following:

(a) An individual.

(b) A corporation.

(c) An unincorporated association, society, lodge, or any branch thereof.

(d) A county, city, city and county, or any municipal corporation.

(e) Any state, including this state.

(f) The United States or any instrumentality thereof.

(g) A foreign country or a governmental entity therein.


citation: PROB § 6103

text: Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with Section 6120), Chapter 4 (commencing with Section 6130), Chapter 6 (commencing with Section 6200), and Chapter 7 (commencing with Section 6300) of this division, and Part 1 (commencing with Section 21101) of Division 11, do not apply where the testator died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the testator died before January 1, 1985.

history: (History: Amended by Stats. 2002, Ch. 138, Sec. 6. Effective January 1, 2003.)


citation: PROB § 6104

text: The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by duress, menace, fraud, or undue influence.


citation: PROB § 6105

text: A will, the validity of which is made conditional by its own terms, shall be admitted to probate or rejected, or denied effect after admission to probate, in conformity with the condition.


citation: PROB § 6110

text:
(a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section.

(b) The will shall be signed by one of the following:

(1) By the testator.

(2) In the testator’s name by some other person in the testator’s presence and by the testator’s direction.

(3) By a conservator pursuant to a court order to make a will under Section 2580.

(c) (1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will.

(2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will.

history: (History: Amended by Stats. 2008, Ch. 53, Sec. 1. Effective January 1, 2009.)

chapter: 2. Execution of Wills

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 2. Execution of Wills


citation: PROB § 6111

text:
(a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.

(b) If a holographic will does not contain a statement as to the date of its execution and:

(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.

(2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.

(c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s own handwriting or as part of a commercially printed form will.

history: (History: Amended by Stats. 1990, Ch. 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.)


text: Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear.

history: (History: Added by Stats. 1990, Ch. 710, Sec. 14. Operative July 1, 1991, by Sec. 48 of Ch. 710.)


citation: PROB § 6112

text:
(a) Any person generally competent to be a witness may act as a witness to a will.

(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.

(c) Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity.

(d) If a devise made by the will to an interested witness fails because the presumption established by subdivision (c) applies to the devise and the witness fails to rebut the presumption, the interested witness shall take such proportion of the devise made to the witness in the will as does not exceed the share of the estate which would be distributed to the witness if the will were not established. Nothing in this subdivision affects the law that applies where it is established that the witness procured a devise by duress, menace, fraud, or undue influence.


citation: PROB § 6113

text:
A written will is validly executed if its execution complies with any of the following:

(a) The will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200) (California statutory will) or Chapter 11 (commencing with Section 6380) (Uniform International Wills Act).

(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.

(c) The execution of the will complies with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.


citation: PROB § 6120

text:
A will or any part thereof is revoked by any of the following:

(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.

(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.

chapter: 3. Revocation and Revival

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 3. Revocation and Revival


citation: PROB § 6121

text: A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.


citation: PROB § 6122

text:
(a) Unless the will expressly provides otherwise, if after executing a will the testator’s marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:

(1) Any disposition or appointment of property made by the will to the former spouse.

(2) Any provision of the will conferring a general or special power of appointment on the former spouse.

(3) Any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator’s remarriage to the former spouse.

(c) In case of revocation by dissolution or annulment:

(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.

(2) Other provisions of the will conferring some power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.

(d) For purposes of this section, dissolution or annulment means any dissolution or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution for purposes of this section.

(e) Except as provided in Section 6122.1, no change of circumstances other than as described in this section revokes a will.

(f) Subdivisions (a) to (d), inclusive, do not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985. That case is governed by the law in effect prior to January 1, 1985.

history: (History: Amended by Stats. 2016, Ch. 50, Sec. 86. (SB 1005) Effective January 1, 2017.)


text:
(a) Unless the will expressly provides otherwise, if after executing a will the testator’s domestic partnership is terminated, the termination revokes all of the following:

(1) Any disposition or appointment of property made by the will to the former domestic partner.

(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.

(3) Any provision of the will nominating the former domestic partner as executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnership with the former domestic partner.

(c) In case of revocation by termination of a domestic partnership:

(1) Property prevented from passing to a former domestic partner because of the revocation passes as if the former domestic partner failed to survive the testator.

(2) Other provisions of the will conferring some power or office on the former domestic partner shall be interpreted as if the former domestic partner failed to survive the testator.

(d) This section shall apply only to wills executed on or after January 1, 2002.

history: (History: Added by Stats. 2001, Ch. 893, Sec. 51. Effective January 1, 2002.)


citation: PROB § 6123

text:
(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 6120 or 6121, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from the testator’s contemporary or subsequent declarations that the testator intended the first will to take effect as executed.

(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.


citation: PROB § 6124

text: If the testator’s will was last in the testator’s possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator’s death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence.


citation: PROB § 6130

text: A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 4. Reference to Matters Outside the Will


citation: PROB § 6131

text: A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the acts and events occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will of another person is such an event.

chapter: 4. Reference to Matters Outside the Will


citation: PROB § 6132

text:
(a) Notwithstanding any other provision, a will may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the will, except for money that is common coin or currency and property used primarily in a trade or business. A writing directing disposition of a testator’s tangible personal property is effective if all of the following conditions are satisfied:

(1) An unrevoked will refers to the writing.

(2) The writing is dated and is either in the handwriting of, or signed by, the testator.

(3) The writing describes the items and the recipients of the property with reasonable certainty.

(b) The failure of a writing to conform to the conditions described in paragraph (2) of subdivision (a) does not preclude the introduction of evidence of the existence of the testator’s intent regarding the disposition of tangible personal property as authorized by this section.

(c) The writing may be written or signed before or after the execution of the will and need not have significance apart from its effect upon the dispositions of property made by the will. A writing that meets the requirements of this section shall be given effect as if it were actually contained in the will itself, except that if any person designated to receive property in the writing dies before the testator, the property shall pass as further directed in the writing and, in the absence of any further directions, the disposition shall lapse.

(d) The testator may make subsequent handwritten or signed changes to any writing. If there is an inconsistent disposition of tangible personal property as between writings, the most recent writing controls.

(e) (1) If the writing directing disposition of tangible personal property omits a statement as to the date of its execution, and if the omission results in doubt whether its provisions or the provisions of another writing inconsistent with it are controlling, then the writing omitting the statement is invalid to the extent of its inconsistency unless the time of its execution is established to be after the date of execution of the other writing.

(2) If the writing directing disposition of tangible personal property omits a statement as to the date of its execution, and it is established that the testator lacked testamentary capacity at any time during which the writing may have been executed, the writing is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.

(f) (1) Concurrent with the filing of the inventory and appraisal required by Section 8800, the personal representative shall also file the writing that directs disposition of the testator’s tangible personal property.

(2) Notwithstanding paragraph (1), if the writing has not been found or is not available at the time of the filing of the inventory and appraisal, the personal representative shall file the writing no later than 60 days prior to filing the petition for final distribution pursuant to Section 11640.

(g) The total value of tangible personal property identified and disposed of in the writing shall not exceed twenty-five thousand dollars ($25,000). If the value of an item of tangible personal property described in the writing exceeds five thousand dollars ($5,000), that item shall not be subject to this section and that item shall be disposed of pursuant to the remainder clause of the will. The value of an item of tangible personal property that is disposed of pursuant to the remainder clause of the will shall not be counted towards the twenty-five thousand dollar ($25,000) limit described in this subdivision.

(h) As used in this section, the following definitions shall apply:

(1) “Tangible personal property” means articles of personal or household use or ornament, including, but not limited to, furniture, furnishings, automobiles, boats, and jewelry, as well as precious metals in any tangible form, such as bullion or coins and articles held for investment purposes. The term “tangible personal property” does not mean real property, a mobilehome as defined in Section 798.3 of the Civil Code, intangible property, such as evidences of indebtedness, bank accounts and other monetary deposits, documents of title, or securities.

(2) “Common coin or currency” means the coins and currency of the United States that are legal tender for the payment of public and private debts, but does not include coins or currency kept or acquired for their historical, artistic, collectable, or investment value apart from their normal use as legal tender for payment.

history: (History: Added by Stats. 2006, Ch. 280, Sec. 1. Effective January 1, 2007.)


citation: PROB § 6200

text: Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.

history: (History: Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)

chapter: 6. California Statutory Will

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 6. California Statutory Will > 1. Definitions and Rules of Construction


citation: PROB § 6201

text: “Testator” means a person choosing to adopt a California statutory will.

article: 1. Definitions and Rules of Construction


citation: PROB § 6203

text: “Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will.


citation: PROB § 6204

text: “Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will.


citation: PROB § 6205

text: “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to “descendants” in the plural includes a single descendant where the context so requires.

history: (History: Amended by Stats. 2002, Ch. 138, Sec. 7. Effective January 1, 2003.)


citation: PROB § 6206

text: A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a “custodian” means the person so designated in a California statutory will or any other person acting at any time as a custodian under a Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.


citation: PROB § 6207

text: Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate.


citation: PROB § 6208

text:
(a) If a California statutory will states that a person shall perform an act, the person is required to perform that act.

(b) If a California statutory will states that a person may do an act, the person’s decision to do or not to do the act shall be made in the exercise of the person’s fiduciary powers.


citation: PROB § 6209

text: Whenever a distribution under a California statutory will is to be made to a person’s descendants, the property shall be divided into as many equal shares as there are then living descendants of the nearest degree of living descendants and deceased descendants of that same degree who leave descendants then living; and each living descendant of the nearest degree shall receive one share and the share of each deceased descendant of that same degree shall be divided among his or her descendants in the same manner.


citation: PROB § 6210

text: “Person” includes individuals and institutions.


citation: PROB § 6211

text: Reference to a person “if living” or who “survives me” means a person who survives the decedent by 120 hours. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of a California statutory will, and the beneficiaries are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be a beneficiary has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.


citation: PROB § 6220

text: Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter.

article: 2. General Provisions

path: 6. WILLS AND INTESTATE SUCCESSION > 1. WILLS > 6. California Statutory Will > 2. General Provisions


citation: PROB § 6221

text:
A California statutory will shall be executed only as follows:

(a) The testator shall complete the appropriate blanks and shall sign the will.

(b) Each witness shall observe the testator’s signing and each witness shall sign his or her name in the presence of the testator.

article: 2. General Provisions


citation: PROB § 6222

text: The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220.

article: 2. General Provisions


citation: PROB § 6223

text:
(a) There is only one California statutory will.

(b) The California statutory will includes all of the following:

(1) The contents of the California statutory will form set out in Section 6240, excluding the questions and answers at the beginning of the California statutory will.

(2) By reference, the full texts of each of the following:

(A) The definitions and rules of construction set forth in Article 1 (commencing with Section 6200).

(B) The property disposition clauses adopted by the testator. If no property disposition clause is adopted, Section 6224 shall apply.

(C) The mandatory clauses set forth in Section 6241.

(c) Notwithstanding this section, any California statutory will or California statutory will with trust executed on a form allowed under prior law shall be governed by the law that applied prior to January 1, 1992.

article: 2. General Provisions


citation: PROB § 6224

text: If more than one property disposition clause appearing in paragraphs 2 or 3 of a California statutory will is selected, no gift is made. If more than one property disposition clause in paragraph 5 of a California statutory will form is selected, or if none is selected, the residuary estate of a testator who signs a California statutory will shall be distributed to the testator’s heirs as if the testator did not make a will.

article: 2. General Provisions


citation: PROB § 6225

text: Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded.

article: 2. General Provisions


citation: PROB § 6226

text:
(a) A California statutory will may be revoked and may be amended by codicil in the same manner as other wills.

(b) Any additions to or deletions from the California statutory will on the face of the California statutory will form, other than in accordance with the instructions, shall be given effect only where clear and convincing evidence shows that they would effectuate the clear intent of the testator. In the absence of such a showing, the court either may determine that the addition or deletion is ineffective and shall be disregarded, or may determine that all or a portion of the California statutory will is invalid, whichever is more likely to be consistent with the intent of the testator.

(c) Notwithstanding Section 6110, a document executed on a California statutory will form is valid as a will if all of the following requirements are shown to be satisfied by clear and convincing evidence:

(1) The form is signed by the testator.

(2) The court is satisfied that the testator knew and approved of the contents of the will and intended it to have testamentary effect.

(3) The testamentary intent of the maker as reflected in the document is clear.

article: 2. General Provisions


citation: PROB § 6227

text:
(a) If after executing a California statutory will the testator’s marriage is dissolved or annulled, or the testator’s registered domestic partnership is terminated, the dissolution, annulment, or termination revokes any disposition of property made by the will to the former spouse and any nomination of the former spouse as executor, trustee, guardian, or custodian made by the will. If any disposition or nomination is revoked solely by this section, it is revived by the testator’s remarriage to, or entry into a subsequent registered domestic partnership with, the former spouse.

(b) In case of revocation by dissolution or annulment:

(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.

(2) Provisions nominating the former spouse as executor, trustee, guardian, or custodian shall be interpreted as if the former spouse failed to survive the testator.

(c) For purposes of this section, dissolution or annulment means any dissolution or annulment that would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution or annulment for purposes of this section.

(d) This section applies to any California statutory will, without regard to the time when the will was executed, but this section does not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985; and, if the final judgment of dissolution or annulment of marriage occurs before January 1, 1985, the case is governed by the law that applied prior to January 1, 1985.

history: (History: Amended by Stats. 2016, Ch. 50, Sec. 87. (SB 1005) Effective January 1, 2017.)

article: 2. General Provisions