Article 1 - Preliminary Provisions

California Probate Code — §§ 5600-5605

Sections (4)

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 Repealed as of January 1, 2032, by its own provisions.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.

(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(c)This part shall remain in effect only until January 1, 2032, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2032, deletes or extends that date.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.

§ 5602

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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.

§ 5604

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.

§ 5605

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.