Article 1 - Execution

California Probate Code — §§ 5620-5628

Sections (6)

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5622

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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

§ 5624

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 Repealed as of January 1, 2032, pursuant to Section 5600.

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.

§ 5625

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.

§ 5626

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 Repealed as of January 1, 2032, pursuant to Section 5600.

(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.

§ 5628

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)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.