Article 2 - Definitions

California Probate Code — §§ 5606-5618

Sections (9)

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5608

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 Repealed as of January 1, 2032, pursuant to Section 5600.

“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.

§ 5610

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.

§ 5612

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5614

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.

§ 5614.5

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5615

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5616

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5618

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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