Probate Code — Part 11 | PROB — United States — California law | Esheria

Probate Code

Part 11 of 14 · provisions 2,001–2,200

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Estate administration Indian Child Welfare Act notice Powers of appointment abandonment of tangible personal property abatement abatement of beneficiary shares account access account administration account approvals account designations account disclosure account information requests account objections account ownership account records account settlement account termination accountability accounting accounting and reporting accounting duties accounting for estate administration accounting objections accounting to beneficiaries +1,867 more

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 5202.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section says this part does not change the law on transfers made to defraud creditors.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 5202. Nothing in this part affects the law relating to transfers in fraud of creditors. (Enacted by Stats. 1990, Ch. 79.)
  2. 5203.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Using substantially similar account-language can create specified types of multiple-party accounts, and the listed form language is not required if the contract creates the same relationship.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 5203. (a) Words in substantially the following form in a signature card, passbook, contract, or instrument evidencing an account, or words to the same effect, executed before, on, or after July 1, 1990, create the following accounts: (1) Joint account: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s).” (2) P.O.D. account with single party: “This account or certificate is owned by the named party. Upon the death of that party, ownership passes to the named pay-on-death payee(s).” (3) P.O.D. account with multiple parties: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Upon the death of all of them, ownership passes to the named pay-on-death payee(s).” (4) Joint account of spouses with right of survivorship: “This account or certificate is owned by the named parties, who are spouses, and is presumed to be their community property. Upon the death of either of them, ownership passes to the survivor.” (5) Community property account of spouses: “This account or certificate is the community property of the named parties who are spouses. The ownership during lifetime and after the death of a spouse is determined by the law applicable to community property generally and may be affected by a will.” (6) Tenancy in common account: “This account or certificate is owned by the named parties as tenants in common. Upon the death of any party, the ownership interest of that party passes to the named pay-on-death payee(s) of that party or, if none, to the estate of that party.” (b) Use of the form language provided in this section is not necessary to create an account that is governed by this part. If the contract of deposit creates substantially the same relationship between the parties as an account created using the form language provided in this section, this part applies to the same extent as if the form language had been used. (Amended by Stats. 2016, Ch. 50, Sec. 85. (SB 1005) Effective January 1, 2017.)
  3. 5204.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section authorizes a special power of attorney for certain financial institution accounts and safe deposit services, requires the document to meet stated form requirements, and lets the attorney-in-fact and financial institution act only within specified conditions.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 5204. (a) In addition to a power of attorney otherwise authorized by law, a special power of attorney is authorized under this section to apply to one or more accounts at a financial institution or to one or more contracts with a financial institution concerning safe deposit services. For the purposes of this section, “account” includes checking accounts, savings accounts, certificates of deposit, savings certificates, and any other depository relationship with the financial institution. (b) The special power of attorney under this section shall: (1) Be in writing. (2) Be signed by the person or persons giving the power of attorney. (3) Explicitly identify the attorney-in-fact or attorneys-in-fact, the financial institution, and the accounts or contracts subject to the power. (c) The special power of attorney shall contain language in substantially the following form: “WARNING TO PERSON EXECUTING THIS DOCUMENT: This is an important legal document. It creates a power of attorney that provides the person you designate as your attorney-in-fact with the broad powers it sets forth. You have the right to terminate this power of attorney. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you.” (d) In addition to the language required by subdivision (c), special powers of attorney that are or may be durable shall also contain substantially the following language: “These powers of attorney shall continue even if you later become disabled or incapacitated.” (e) The power of attorney granted under this section shall endure as between the grantor and grantee of the power until the earliest of the following occurs: (1) Revocation by the grantor of the power. (2) Termination of the account. (3) Death of the grantor of the power. (4) In the case of a nondurable power of attorney, appointment of a guardian or conservator of the estate of the grantor of the power. (f) A financial institution may rely in good faith upon the validity of the power of attorney granted under this section and is not liable to the principal or any other person for doing so if (1) the power of attorney is on file with the financial institution and the transaction is made by the attorney-in-fact named in the power of attorney, (2) the power of attorney appears on its face to be valid, and (3) the financial institution has convincing evidence of the identity of the person signing the power of attorney as principal. (g) For the purposes of subdivision (f), “convincing evidence” requires both of the following: (1) Reasonable reliance on a document that satisfies the requirement of Section 4751. (2) The absence of any information, evidence, or other circumstances that would lead a reasonable person to believe that the person signing the power of attorney as principal is not the individual he or she claims to be. (h) The protection provided by subdivision (f) does not extend to payments made after written notice is received by the financial institution as to any of the events of termination of the power under subdivision (e) if the financial institution has had a reasonable time to act on the notice. No other notice or any other information shown to have been available to the financial institution shall affect its right to the protection provided by this subdivision. (i) The attorney-in-fact acting under the power of attorney granted under this section shall maintain books or records to permit an accounting of the acts of the attorney-in-fact if an accounting is requested by a legal representative of the grantor of the power. (j) The attorney-in-fact acting under a power of attorney granted under this section is liable for any disbursement other than a disbursement to or for the benefit of the grantor of the power, unless the grantor has authorized the disbursement in writing. (k) Nothing in this section limits the use or effect of any other form of power of attorney for transactions with a financial institution. Nothing in this section creates an implication that a financial institution is liable for acting in reliance upon a power of attorney under circumstances where the requirements of subdivision (f) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section. (l) Nothing in this section prevents the attorney-in-fact from also being designated as a P.O.D. payee. (m) Except as otherwise provided in this section, the Power of Attorney Law, Division 4.5 (commencing with Section 4000) shall not apply to a special power of attorney under this section. Section 4130 and Part 5 (commencing with Section 4900) of Division 4.5 shall apply to a special power of attorney under this section. (Amended by Stats. 1995, Ch. 300, Sec. 15. Effective August 3, 1995.)
  4. 5205.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This part applies to accounts in existence on July 1, 1990, and to accounts established afterward.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 5205. This part applies to accounts in existence on July 1, 1990, and accounts thereafter established. (Enacted by Stats. 1990, Ch. 79.)
  5. 5301.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section sets default ownership rules for multiple-party accounts, limits who can claim an excess-withdrawal recovery, and says certain account beneficiaries have no lifetime rights unless a different intent is shown.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5301. (a) An account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each, unless there is clear and convincing evidence of a different intent. (b) If a party makes an excess withdrawal from an account, the other parties to the account shall have an ownership interest in the excess withdrawal in proportion to the net contributions of each to the amount on deposit in the account immediately following the excess withdrawal, unless there is clear and convincing evidence of a contrary agreement between the parties. (c) Only a living party, or a conservator, guardian, or agent acting on behalf of a living party, shall be permitted to make a claim to recover the living party’s ownership interest in an excess withdrawal, pursuant to subdivision (b). A court may, at its discretion, and in the interest of justice, reduce any recovery under this section to reflect funds withdrawn and applied for the benefit of the claiming party. (d) In the case of a P.O.D. account, the P.O.D. payee has no rights to the sums on deposit during the lifetime of any party, unless there is clear and convincing evidence of a different intent. (e) In the case of a Totten trust account, the beneficiary has no rights to the sums on deposit during the lifetime of any party, unless there is clear and convincing evidence of a different intent. If there is an irrevocable trust, the account belongs beneficially to the beneficiary. (f) For purposes of this section, “excess withdrawal” means the amount of a party’s withdrawal that exceeds that party’s net contribution on deposit in the account immediately preceding the withdrawal. (Amended by Stats. 2012, Ch. 235, Sec. 1. (AB 1624) Effective January 1, 2013.)
  6. 5302.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section says who owns the remaining money in a joint, P.O.D., or Totten trust account when a party dies, and when survivorship applies.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5302. Subject to Section 5040: (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent. If there are two or more surviving parties, their respective ownerships during lifetime are in proportion to their previous ownership interests under Section 5301 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the decedent’s death; and the right of survivorship continues between the surviving parties. (b) If the account is a P.O.D. account: (1) On death of one of two or more parties, the rights to any sums remaining on deposit are governed by subdivision (a). (2) On death of the sole party or of the survivor of two or more parties, (A) any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the party, (B) if two or more P.O.D. payees survive, any sums remaining on deposit belong to them in equal and undivided shares unless the terms of the account or deposit agreement expressly provide for different shares, and (C) if two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (c) If the account is a Totten trust account: (1) On death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subdivision (a). (2) On death of the sole trustee or the survivor of two or more trustees, (A) any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a different intent, (B) if two or more beneficiaries survive, any sums remaining on deposit belong to them in equal and undivided shares unless the terms of the account or deposit agreement expressly provide for different shares, and (C) if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (d) In other cases, the death of any party to a multiparty account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent’s estate. (e) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a Totten trust account, or a P.O.D. payee designation, cannot be changed by will. (Amended by Stats. 2015, Ch. 293, Sec. 9. (AB 139) Effective January 1, 2016.)
  7. 5303.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    This section says survivorship rights depend on the account form at a party’s death, and that a multiple-party account’s terms can be changed only in specified ways.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5303. (a) The provisions of Section 5302 as to rights of survivorship are determined by the form of the account at the death of a party. (b) Once established, the terms of a multiple-party account can be changed only by any of the following methods: (1) Closing the account and reopening it under different terms. (2) Presenting to the financial institution a modification agreement that is signed by all parties with a present right of withdrawal. If the financial institution has a form for this purpose, it may require use of the form. (3) If the provisions of the terms of the account or deposit agreement provide a method of modification of the terms of the account, complying with those provisions. (4) As provided in subdivision (c) of Section 5405. (c) During the lifetime of a party, the terms of the account may be changed as provided in subdivision (b) to eliminate or to add rights of survivorship. Withdrawal of funds from the account by a party also eliminates rights of survivorship with respect to the funds withdrawn to the extent of the withdrawing party’s net contribution to the account. (Amended by Stats. 2012, Ch. 235, Sec. 2. (AB 1624) Effective January 1, 2013.)
  8. 5304.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    Transfers under Section 5302 are effective and are not treated as testamentary; certain account beneficiaries’ rights cannot be denied for lack of a testamentary-style writing.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5304. Any transfers resulting from the application of Section 5302 are effective by reason of the account contracts involved and this part and are not to be considered as testamentary. The right under this part of a surviving party to a joint account, or of a beneficiary, or of a P.O.D. payee, to the sums on deposit on the death of a party to a multiple-party account shall not be denied, abridged, or affected because such right has not been created by a writing executed in accordance with the laws of this state prescribing the requirements to effect a valid testamentary disposition of property. (Enacted by Stats. 1990, Ch. 79.)
  9. 5305.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    For married parties to an account, their net contribution is presumed to be community property, subject to rebuttal by proof. A survivorship right or certain account beneficiary designations may not be changed by will, except as provided in Section 5307.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5305. (a) Notwithstanding Sections 5301 to 5303, inclusive, if parties to an account are married to each other, whether or not they are so described in the deposit agreement, their net contribution to the account is presumed to be and remain their community property. (b) Notwithstanding Sections 2581 and 2640 of the Family Code, the presumption established by this section is a presumption affecting the burden of proof and may be rebutted by proof of either of the following: (1) The sums on deposit that are claimed to be separate property can be traced from separate property unless it is proved that the married persons made a written agreement that expressed their clear intent that the sums be their community property. (2) The married persons made a written agreement, separate from the deposit agreement, that expressly provided that the sums on deposit, claimed not to be community property, were not to be community property. (c) Except as provided in Section 5307, a right of survivorship arising from the express terms of the account or under Section 5302, a beneficiary designation in a Totten trust account, or a P.O.D. payee designation, may not be changed by will. (d) Except as provided in subdivisions (b) and (c), a multiple-party account created with community property funds does not in any way alter community property rights. (Amended by Stats. 1993, Ch. 219, Sec. 224.7. Effective January 1, 1994.)
  10. 5306.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A tenancy in common account does not create a right of survivorship unless the account or deposit agreement expressly says so.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5306. For the purposes of this chapter, if an account is expressly described in the deposit agreement as a “tenancy in common” account, no right of survivorship arises from the terms of the account or under Section 5302 unless the terms of the account or deposit agreement expressly provide for survivorship. (Enacted by Stats. 1990, Ch. 79.)
  11. 5307.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    For married account holders, a community property account is generally governed by community property law for ownership during life and after a spouse’s death, unless the account or deposit agreement says otherwise.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Ownership Between Parties and Their Creditors and Successors [5301 - 5307] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 5307. For the purposes of this chapter, except to the extent the terms of the account or deposit agreement expressly provide otherwise, if the parties to an account are married to each other and the account is expressly described in the account agreement as a “community property” account, the ownership of the account during lifetime and after the death of a spouse is governed by the law governing community property generally. (Enacted by Stats. 1990, Ch. 79.)
  12. 54.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Parent” means an individual who is entitled to take as a parent under the code by intestate succession from the child involved.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 54. “Parent” means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. (Enacted by Stats. 1990, Ch. 79.)
  13. 5401.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    Financial institutions may offer multiple-party accounts, and if the account terms require it, they must follow those terms for signatures and payments.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5401. (a) Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request and according to its terms, to any one or more of the parties or agents. (b) The terms of the account or deposit agreement may require the signatures of more than one of the parties to a multiple-party account during their lifetimes or of more than one of the survivors after the death of any one of them on any check, check endorsement, receipt, notice of withdrawal, request for withdrawal, or withdrawal order. In such case, the financial institution shall pay the sums on deposit only in accordance with such terms, but those terms do not limit the right of the sole survivor or of all of the survivors to receive the sums on deposit. (c) A financial institution is not required to do any of the following pursuant to Section 5301, 5303, or any other provision of this part: (1) Inquire as to the source of funds received for deposit to a multiple-party account, or inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions. (2) Determine any party’s net contribution. (3) Limit withdrawals or any other use of an account based on the net contribution of any party, whether or not the financial institution has actual knowledge of each party’s contribution. (d) All funds in an account, unless otherwise agreed in writing by the financial institution and the parties to the account, remain subject to liens, security interests, rights of setoff, and charges, notwithstanding the determination or allocation of net contributions with respect to the parties. (Amended by Stats. 2012, Ch. 235, Sec. 3. (AB 1624) Effective January 1, 2013.)
  14. 5402.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A financial institution may pay sums in a joint account to any party on request and according to the account’s terms, but it may not pay a deceased party’s personal representative or heirs unless proof of death is shown or there is no right of survivorship under Section 5302.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5402. Any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proof of death is presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Section 5302. (Enacted by Stats. 1990, Ch. 79.)
  15. 5403.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A financial institution may pay a P.O.D. account to certain people on request, if the stated proof-of-death conditions are met.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5403. Any P.O.D. account may be paid, on request and according to its terms, to any original party to the account. Payment may be made, on request, to the P. O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee. (Enacted by Stats. 1990, Ch. 79.)
  16. 5404.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A financial institution may pay a Totten trust account to a trustee, or in certain cases to a deceased trustee’s representatives or a beneficiary’s representatives, if the stated proof-of-death and notice conditions are met.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5404. Any Totten trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. A Totten trust account may be paid to a beneficiary or beneficiaries or the personal representative or heirs of a beneficiary or beneficiaries if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as trustees. (Enacted by Stats. 1990, Ch. 79.)
  17. 5405.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A financial institution gets protection when it pays under specified account-payment sections, but that protection stops if it has been served with a court order restraining payment. After certain written notices, it may only pay according to the written instructions until the parties’ rights are determined.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5405. (a) Payment made pursuant to Section 5401, 5402, 5403, or 5404 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. (b) The protection provided by subdivision (a) does not extend to payments made after the financial institution has been served with a court order restraining payment. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided by subdivision (a). (c) Unless the notice is withdrawn by a subsequent writing, after receipt of a written notice from any party that withdrawals in accordance with the terms of the account, other than a checking account, share draft account, or other similar third-party payment instrument, should not be permitted, except with the signatures of more than one of the parties during their lifetimes or of more than one of the survivors after the death of any one of the parties, the financial institution may only pay the sums on deposit in accordance with the written instructions pending determination of the rights of the parties or their successors. No liability shall attach to the financial institution for complying with the terms of any written notice provided pursuant to this subdivision. (d) The protection provided by this section has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts and is in addition to, and not exclusive of, any protection provided the financial institution by any other provision of law. (Enacted by Stats. 1990, Ch. 79.)
  18. 5406.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The chapter’s rules for paying a Totten trust account also apply to a trustee-style account unless the financial institution has written notice that it is not a Totten trust account.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5406. The provisions of this chapter that apply to the payment of a Totten trust account apply to an account in the name of one or more parties as trustee for one or more other persons if the financial institution has no other or further notice in writing that the account is not a Totten trust account as defined in Section 80. (Enacted by Stats. 1990, Ch. 79.)
  19. 5407.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A financial institution may pay a minor on a multiple-party account and that payment counts as a valid release, except for certain P.O.D. payee or Totten trust situations.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Protection of Financial Institution [5401 - 5407] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 5407. If a financial institution is required or permitted to make payment pursuant to this chapter to a person who is a minor: (a) If the minor is a party to a multiple-party account, payment may be made to the minor or to the minor’s order, and payment so made is a valid release and discharge of the financial institution, but this subdivision does not apply if the account is to be paid to the minor because the minor was designated as a P.O. D. payee or as a beneficiary of a Totten trust account. (b) In cases where subdivision (a) does not apply, payment shall be made pursuant to the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4), or as provided in Chapter 2 (commencing with Section 3400) of Part 8 of Division 4. (Enacted by Stats. 1990, Ch. 79.)
  20. 55.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section says that “Pay-on-death account” or “P.O.D. account” is defined in Section 5140.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 55. “Pay-on-death account” or “P.O.D. account” is defined in Section 5140. (Enacted by Stats. 1990, Ch. 79.)
  21. 550.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A claim to establish a decedent’s insured liability may be started or continued against the estate without joining the personal representative or successor in interest.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 550. (a) Subject to the provisions of this chapter, an action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest. (b) The remedy provided in this chapter is cumulative and may be pursued concurrently with other remedies. (Enacted by Stats. 1990, Ch. 79.)
  22. 5500.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    This section names the part as the Uniform TOD Security Registration Act and says it should be interpreted to promote its purposes.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5500. (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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  23. 5501.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    This section defines terms used in the Uniform TOD Security Registration Act, including beneficiary form, register, registering entity, security, security account, and cash equivalent.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5501. 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). (Amended by Stats. 2002, Ch. 809, Sec. 3. Effective January 1, 2003.)
  24. 5502.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    Some security holders may register the security in beneficiary form only if the registration shows sole ownership or joint ownership with right of survivorship, not tenancy in common.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5502. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  25. 5503.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A security may be registered in beneficiary form only when the form is authorized by the relevant state law described in this section.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5503. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  26. 5504.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A security is registered in beneficiary form if its registration names a beneficiary to take ownership when the owner dies, or when all multiple owners die.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5504. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  27. 5505.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A registration in beneficiary form may be indicated by “transfer on death” or “TOD,” or by “pay on death” or “POD,” placed after the registered owner’s name and before the beneficiary’s name.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5505. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  28. 5506.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A TOD beneficiary designation on a security registration does not affect ownership until the owner dies, and the sole owner or surviving owners may cancel or change the registration without the beneficiary’s consent.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5506. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  29. 5507.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    When the sole owner or last surviving multiple owner dies, beneficiary-form securities pass to surviving beneficiaries; if none survive, the security goes to the estate.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5507. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  30. 5508.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A registering entity does not have to offer or accept beneficiary-form security registrations, but if it does accept one, it must implement the registration as this part provides.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5508. (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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  31. 5509.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A transfer on death from a beneficiary-form registration is effective under this part and is not treated as testamentary.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5509. (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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  32. 551.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    After a decedent’s death, an action under this chapter may still be started within one year after the otherwise applicable limitations period expires, if that period had not already expired at death.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 551. Notwithstanding Section 366.2 of the Code of Civil Procedure, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations period otherwise applicable. (Amended by Stats. 1992, Ch. 178, Sec. 30. Effective January 1, 1993.)
  33. 5510.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    A registering entity that offers beneficiary-form registrations may set the terms and conditions for handling registration, cancellation, and reregistration requests.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5510. (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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  34. 5511.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    This section says it does not change the community character of community property or community rights in community property.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5511. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  35. 5512.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. )

    Verify source ↗

    This section says the part applies to certain securities registrations in beneficiary form for decedents dying on or after January 1, 1999.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 3. UNIFORM TOD SECURITY REGISTRATION ACT [5500 - 5512] ( Part 3 added by Stats. 1998, Ch. 242, Sec. 2. ) ## 5512. 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. (Added by Stats. 1998, Ch. 242, Sec. 2. Effective January 1, 1999.)
  36. 552.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section sets procedure for lawsuits against a decedent’s estate covered by this chapter.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 552. (a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative. (b) On motion of an interested person, or on its own motion, the court in which the action is pending may, for good cause, order the appointment and substitution of a personal representative as the defendant. (c) An action against the estate of the decedent under this chapter may be consolidated with an action against the personal representative. (Enacted by Stats. 1990, Ch. 79.)
  37. 553.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    The insurer may deny or contest liability in a chapter action or in a separate action.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 553. The insurer may deny or otherwise contest its liability in an action under this chapter or by an independent action. Unless the personal representative is joined as a party, a judgment in the action under this chapter or in the independent action does not adjudicate rights by or against the estate. (Enacted by Stats. 1990, Ch. 79.)
  38. 554.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    In actions under this chapter, damages generally must stay within the insurance limits and coverage, unless subdivision (b) applies.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 554. (a) Except as provided in subdivision (b), either the damages sought in an action under this chapter shall be within the limits and coverage of the insurance, or recovery of damages outside the limits or coverage of the insurance shall be waived. A judgment in favor of the plaintiff in the action is enforceable only from the insurance coverage and not against property in the estate. (b) Where the amount of damages sought in the action exceeds the coverage of the insurance, subdivision (a) does not apply if both of the following conditions are satisfied: (1) The personal representative is joined as a party to the action. (2) The plaintiff files a claim in compliance with Section 9390. (Amended by Stats. 1990, Ch. 710, Sec. 3. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  39. 555.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This chapter does not apply to actions started before July 1, 1989, and the pre-July 1, 1989 law still applies to those actions.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 13. LITIGATION INVOLVING DECEDENT [550 - 555] ( Part 13 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 555. (a) This chapter does not apply to an action commenced before July 1, 1989. (b) The applicable law in effect before July 1, 1989, continues to apply to an action commenced before July 1, 1989, notwithstanding its repeal by Chapter 1199 of the Statutes of 1988. (Enacted by Stats. 1990, Ch. 79.)
  40. 56.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “person” to include individuals, organizations, government bodies, trusts, partnerships, limited liability companies, associations, and other entities.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 56. “Person” means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. (Amended by Stats. 1994, Ch. 1010, Sec. 202. Effective January 1, 1995.)
  41. 5600.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    This section says the part applies to revocable transfer on death deeds for transferors who die on or after January 1, 2016, preserves the transferor’s power to revoke by a signed and notarized instrument in the Section 5644 form, and is set to repeal on January 1, 2032 unless extended.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5600. (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. (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.)
  42. 5602.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section says the part does not block other lawful ways to convey real property if they postpone the owner's enjoyment until death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5602. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  43. 5604.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section says other nonprobate-transfer-on-death statutes still apply to a revocable transfer on death deed unless this part gives a contrary rule.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5604. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  44. 5605.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    The California Law Revision Commission must study the revocable transfer on death deed, make improvement recommendations, and report them to the Legislature by January 1, 2031.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Preliminary Provisions [5600 - 5605] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5605. (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. (Added by Stats. 2021, Ch. 215, Sec. 3. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  45. 5606.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section says the article’s definitions control how this part is read, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5606. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  46. 5608.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section defines “beneficiary” for a revocable transfer on death deed.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5608. “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. (Amended by Stats. 2021, Ch. 215, Sec. 4. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  47. 5610.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section defines “real property” for this part and excludes agricultural land over 40 acres.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5610. (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. (Amended by Stats. 2023, Ch. 62, Sec. 1. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  48. 5612.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section says “recorded” means the meaning given in Civil Code Section 1170.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5612. “Recorded” has the meaning provided in Section 1170 of the Civil Code. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  49. 5614.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section defines a “revocable transfer on death deed” and says it may also be called a “revocable TOD deed.” It also says such a deed may be used to transfer real property even when ownership is not usually shown or transferred by deed.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5614. (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. (Amended by Stats. 2023, Ch. 62, Sec. 2. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  50. 5614.5.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5614.5. “Stock cooperative” has the same meaning as in Section 4190 of the Civil Code. (Added by Stats. 2023, Ch. 62, Sec. 3. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  51. 5615.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    “Subscribing witness” means a person who signs a revocable transfer on death deed as a witness.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5615. “Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624. (Added by Stats. 2021, Ch. 215, Sec. 7. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  52. 5616.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

    Verify source ↗

    This section defines “Transferor” as an owner of real property who makes a revocable transfer on death deed of the property.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5616. “Transferor” means an owner of real property who makes a revocable transfer on death deed of the property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  53. 5618.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    This section defines “unsecured debts” to include a transferor’s funeral expenses, last-illness expenses, and wage claims.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 1. General Provisions [5600 - 5618] ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Definitions [5606 - 5618] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5618. “Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims. (Added by Stats. 2021, Ch. 215, Sec. 8. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  54. 5620.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5620. An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  55. 5622.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5622. The transferor shall identify the beneficiary by name in a revocable transfer on death deed. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  56. 5624.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed is not effective unless it is signed and dated by the transferor, signed by two witnesses present at the same time, and acknowledged before a notary public.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5624. 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. (Amended by Stats. 2021, Ch. 215, Sec. 9. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  57. 5625.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    Some witnesses may witness a revocable transfer on death deed, and the deed is not invalid just because an interested witness signed it.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5625. (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. (Added by Stats. 2021, Ch. 215, Sec. 10. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  58. 5626.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed is effective only if recorded within 60 days after notarized acknowledgment.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5626. (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. (Amended by Stats. 2021, Ch. 215, Sec. 11. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  59. 5628.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    If multiple revocable transfer on death deeds are recorded for the same property, the later executed deed controls and its recording revokes the earlier deed.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. Execution [5620 - 5628] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5628. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  60. 5630.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Revocation [5630 - 5632] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A transferor with capacity to contract may revoke a revocable transfer on death deed at any time.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Revocation [5630 - 5632] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5630. A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any time. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  61. 5632.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Revocation [5630 - 5632] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocation instrument for a revocable transfer on death deed must be executed and recorded the same way as the deed itself, and the beneficiary does not need to join, consent, agree, or be notified.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Revocation [5630 - 5632] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5632. (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. (Amended by Stats. 2021, Ch. 215, Sec. 12. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  62. 5642.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Statutory Forms [5642 - 5644] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    This section provides a statutory form for a revocable transfer on death deed and says the deed must be recorded within 60 days after notarization to be effective.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Statutory Forms [5642 - 5644] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5642. 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 To Name: Address: Assessor’s Parcel Number:Space Above For Recorder’s Use This 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 NOTARIZED Use 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 DESCRIPTION Print 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 DEATH I 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. WITNESSES To 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 #2 Print and sign your name: Print and sign your name: -------------------------------------- -------------------------------------- ACKNOWLEDGMENT OF NOTARY A 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 FORM WHAT 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. (Amended by Stats. 2023, Ch. 62, Sec. 4. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  63. 5644.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Statutory Forms [5642 - 5644] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A transferor may revoke a revocable transfer on death deed using the prescribed form, but the revocation must be recorded within 60 days after notarization to be effective.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 2. Execution and Revocation [5620 - 5644] ( Chapter 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Statutory Forms [5642 - 5644] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5644. A transferor may revoke a revocable transfer on death deed by an instrument in substantially the following form: Revocation of Revocable Transfer on Death (TOD) Deed (California Probate Code Section 5600) Recording Requested By: When Recorded Mail This Deed To Name: Address: Assessor’s Parcel Number:Space Above For Recorder’s Use This 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 EFFECTIVE This 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 DESCRIPTION Print the legal description of the property affected by this revocation: REVOCATION I revoke any TOD deed to transfer the described property that I executed before executing this form. SIGNATURE AND DATE Sign and print your name below (your name should exactly match the name shown on your title documents): Date WITNESSES To 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 #2 Print and sign your name: Print and sign your name: -------------------------------------- -------------------------------------- ACKNOWLEDGMENT OF NOTARY A 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) (Amended by Stats. 2021, Ch. 215, Sec. 14. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  64. 5650.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed does not change the transferor’s ownership during life, and the transferor or an agent/fiduciary may still deal with the property.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5650. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  65. 5652.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed passes the owner’s interest at death, but the beneficiary can disclaim it and must survive the transferor to take. Existing recorded or qualifying interests can still be enforced, and a stock cooperative may take the property if it exercises a purchase option.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5652. (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. (Amended by Stats. 2023, Ch. 62, Sec. 5. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  66. 5654.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    For health care eligibility purposes, executing and recording a revocable transfer on death deed is not treated as a lifetime transfer, and the transferred property may be subject to claims by the State Department of Health Care Services as allowed by law.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5654. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  67. 5656.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    For property tax and documentary transfer tax purposes, executing, recording, or revoking a revocable transfer on death deed is not treated as a change in ownership, and no documentary transfer tax or preliminary change of ownership report is required. A transfer at the transferor’s death is treated as a change in ownership.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5656. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  68. 5658.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A court administering the transferor’s estate may reform a charitable revocable transfer on death deed under cy pres if the beneficiary does not accept the gift or if the beneficiary dissolved or merged before the transferor’s death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5658. 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. (Added by Stats. 2021, Ch. 215, Sec. 16. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  69. 5659.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. )

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    An error or ambiguity in a revocable transfer on death deed will not invalidate it if a court can determine the transferor’s intention.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 1. General Provisions [5650 - 5659] ( Article 1 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5659. 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. (Added by Stats. 2021, Ch. 215, Sec. 17. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  70. 5660.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    If two instruments dispose of the same property, the later one controls in some cases; a challenge to the deed’s validity must be brought as a contest under Chapter 5.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5660. (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). (Amended by Stats. 2023, Ch. 62, Sec. 6. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
  71. 5664.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed is void if, when the transferor dies, the property is held in joint tenancy or community property with right of survivorship.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5664. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  72. 5666.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    Chapter 2 of Part 1 applies to revocable transfer on death deeds of community property.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5666. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  73. 5668.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A revocable transfer on death deed for community property with right of survivorship is governed by Section 5666.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 2. Other Instruments and Forms of Tenure [5660 - 5668] ( Article 2 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5668. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  74. 5670.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A qualifying creditor of the transferor has priority over a beneficiary’s creditor in the transferred property if the creditor’s right is evidenced by a recorded lien or encumbrance at the transferor’s death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5670. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  75. 5672.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A beneficiary can be personally liable for the transferor’s unsecured debts, can raise the transferor’s defenses in a debt action, and cannot use this section to enforce claims barred under Division 7, Part 4.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5672. 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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  76. 5674.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A beneficiary is exempt from liability under Section 5672 if estate administration proceedings are commenced and the beneficiary meets Section 5677 or 5678. The beneficiary’s personal liability is capped at the property’s fair market value at the transferor’s death, minus liens and encumbrances.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5674. (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. (Amended by Stats. 2021, Ch. 215, Sec. 19. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  77. 5677.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    If estate administration starts, a beneficiary under a revocable transfer on death deed may have to pay part of the transferor’s unsecured debts and related proceeding costs.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5677. (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. (Added by Stats. 2021, Ch. 215, Sec. 21. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  78. 5678.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. )

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    If estate administration has started, a beneficiary may return property received under a revocable transfer on death deed. The personal representative must give written notice of any reimbursement or liability, and disputes may be taken to court.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 3. Effect [5650 - 5678] ( Chapter 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## ARTICLE 3. Creditors [5670 - 5678] ( Article 3 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5678. (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. (Added by Stats. 2021, Ch. 215, Sec. 22. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  79. 5680.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. )

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    The beneficiary may establish the transferor’s death using the stated procedure, and is treated as the proper person for related filing and notice purposes; the beneficiary is also liable to the estate for certain prorated taxes.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5680. (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). (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  80. 5681.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A beneficiary must notify the transferor’s heirs after the transferor dies and include the deed and death certificate.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5681. (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. (Added by Stats. 2021, Ch. 215, Sec. 23. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  81. 5682.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A person dealing with a beneficiary of a revocable transfer on death deed gets the same rights and protections as if the beneficiary had been named in a final distribution order, but only if the listed conditions are met.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 4. Effectuation of Transfer [5680 - 5682] ( Chapter 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5682. 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. (Amended by Stats. 2021, Ch. 215, Sec. 24. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  82. 5690.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. )

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    This section sets out who may file a contest about a revocable transfer on death deed and how the court handles the case.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5690. (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. (Amended by Stats. 2021, Ch. 215, Sec. 25. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  83. 5692.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. )

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    A contest proceeding under Section 5690 cannot be started before the transferor dies, and it accrues on the date of the transferor’s death for limitations purposes.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5692. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  84. 5694.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. )

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    If a court finds a revocable transfer on death deed transfer invalid in a contest, the court must order relief.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5694. 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. (Amended by Stats. 2021, Ch. 215, Sec. 26. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  85. 5696.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. )

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    The chapter does not restrict fraud, undue influence, duress, mistake, or other invalidating causes for a revocable transfer on death deed, and a transferor’s conservator or guardian may ask the court to invalidate the deed before the transferor dies.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5696. (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. (Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
  86. 5698.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. )

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    This section says Chapter 5 does not limit other laws that impose penalties or provide remedies for creating a revocable transfer on death deed by fraud, undue influence, menace, or duress.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600 - 5698] ( Part 4 added by Stats. 2015, Ch. 293, Sec. 17. ) ## CHAPTER 5. Contest [5690 - 5698] ( Chapter 5 added by Stats. 2015, Ch. 293, Sec. 17. ) ## 5698. 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. (Added by Stats. 2021, Ch. 215, Sec. 27. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
  87. 5700.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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    This section defines “gift” as a voluntary transfer of personal property without consideration.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5700. As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  88. 5701.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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    A gift made in view of impending death is governed by the general law for gifts of personal property unless this part says otherwise.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5701. 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. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  89. 5702.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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    This section defines a “gift in view of impending death” as a gift made when death is feared or expected, with the intent that it will be revoked if the giver recovers or escapes the peril.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5702. (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. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  90. 5703.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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    A gift made during the giver’s last illness, or in circumstances suggesting speedy death, is presumed to be a gift in view of impending death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5703. 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. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  91. 5704.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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    A gift made in view of impending death can be revoked if the giver recovers, escapes the peril, the donee dies first, or the giver revokes it; a prior will does not affect the gift.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5704. (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. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  92. 5705.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. )

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

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 5. GIFTS IN VIEW OF IMPENDING DEATH [5700 - 5705] ( Part 5 added by Stats. 1991, Ch. 1055, Sec. 18. ) ## 5705. A gift in view of impending death is subject to Section 9653. (Added by Stats. 1991, Ch. 1055, Sec. 18.)
  93. 58.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “personal representative” and explains when a special administrator is not included in “general personal representative.”

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 58. (a) “Personal representative” means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person’s status. (b) “General personal representative” excludes a special administrator unless the special administrator has the powers, duties, and obligations of a general personal representative under Section 8545. (Amended by Stats. 2004, Ch. 888, Sec. 1. Effective January 1, 2005.)
  94. 59.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    Defines “predeceased spouse” and excludes certain people from that definition.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 59. “Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following: (a) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses. (b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person. (c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights. (Amended by Stats. 2016, Ch. 50, Sec. 76. (SB 1005) Effective January 1, 2017.)
  95. 6.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

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    The general provisions and rules of construction in this part govern how this code is interpreted, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 6. Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code. (Enacted by Stats. 1990, Ch. 79.)
  96. 60.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “probate homestead” as a homestead provided for in the specified chapter.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 60. “Probate homestead” means a homestead provided for in Chapter 3 (commencing with Section 6520) of Part 3 of Division 6. (Enacted by Stats. 1990, Ch. 79.)
  97. 60.1.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    A professional fiduciary is defined by reference to another code section, and after January 1, 2009, a person may not act or hold themself out as a professional fiduciary unless licensed under the specified Business and Professions Code chapter.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 60.1. (a) “Professional fiduciary” means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code. (b) On and after January 1, 2009, no person shall act or hold himself or herself out to the public as a professional fiduciary unless he or she is licensed as a professional fiduciary under Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code. (Amended by Stats. 2007, Ch. 354, Sec. 70. Effective January 1, 2008.)
  98. 600.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 1. General Provisions [600 - 601] ( Chapter 1 added by Stats. 1992, Ch. 30, Sec. 2. )

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    For powers of appointment, the common law is the law of this state unless a statute changes it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 1. General Provisions [600 - 601] ( Chapter 1 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 600. Except to the extent that the common law rules governing powers of appointment are modified by statute, the common law as to powers of appointment is the law of this state. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  99. 601.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 1. General Provisions [600 - 601] ( Chapter 1 added by Stats. 1992, Ch. 30, Sec. 2. )

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    When the relevant laws change, the law in effect at the time of release, exercise, or assertion of a right governs a power of appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 1. General Provisions [600 - 601] ( Chapter 1 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 601. If the law existing at the time of the creation of a power of appointment and the law existing at the time of the release or exercise of the power of appointment or at the time of the assertion of a right given by this part differ, the law existing at the time of the release, exercise, or assertion of a right controls. Nothing in this section makes invalid a power of appointment created before July 1, 1970, that was valid under the law in existence at the time it was created. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  100. 610.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    This section defines key terms used for powers of appointment, including appointee, appointive property, donor, permissible appointee, powerholder, and power of appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 610. As used in this part: (a) “Appointee” means the person in whose favor a power of appointment is exercised. (b) “Appointive property” means the property or interest in property that is the subject of the power of appointment. (c) “Creating instrument” means the deed, will, trust, or other writing or document that creates or reserves the power of appointment. (d) “Donor” means the person who creates or reserves a power of appointment. (e) “Permissible appointee” means a person in whose favor a power of appointment can be exercised. (f) “Power of appointment” means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. The term does not include a power of attorney. (g) “Powerholder” means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. (Amended by Stats. 2016, Ch. 81, Sec. 1. (AB 2846) Effective January 1, 2017.)
  101. 6100.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Adults 18 or older who are of sound mind may make a will. A conservator may make a will for a conservatee only if authorized by a court order. A mentally competent conservatee keeps the right to revoke, amend, or replace that will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6100. (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. (Amended by Stats. 1995, Ch. 730, Sec. 7. Effective January 1, 1996.)
  102. 6100.5.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A person is not mentally competent to make a will if they lack the required mental capacity or have certain delusions or hallucinations affecting the will. A conservator may make a will for a conservatee only with court authorization.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6100.5. (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. (Amended by Stats. 2019, Ch. 9, Sec. 18. (AB 46) Effective January 1, 2020.)
  103. 6101.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A will may dispose of certain property belonging to the testator.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6101. 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. (Enacted by Stats. 1990, Ch. 79.)
  104. 6102.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A will may give property to any person, including individuals, companies, associations, local governments, states, the United States, and foreign governments.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6102. 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. (Enacted by Stats. 1990, Ch. 79.)
  105. 6103.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    Several probate code chapters do not apply if the testator died before January 1, 1985; prior law continues to govern those cases.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6103. 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. (Amended by Stats. 2002, Ch. 138, Sec. 6. Effective January 1, 2003.)
  106. 6104.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6104. 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. (Enacted by Stats. 1990, Ch. 79.)
  107. 6105.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

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    A will that is conditional by its own terms must be handled according to that condition when it is probated or denied effect.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [6100 - 6105] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## 6105. 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. (Enacted by Stats. 1990, Ch. 79.)
  108. 611.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    This section defines when a power of appointment is “general” or “special.”

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 611. (a) A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate, whether or not it is exercisable in favor of others. (b) A power to consume, invade, or appropriate property for the benefit of a person in discharge of the powerholder’s obligation of support that is limited by an ascertainable standard relating to the person’s health, education, support, or maintenance is not a general power of appointment. (c) A power exercisable by the powerholder only in conjunction with a person having a substantial interest in the appointive property that is adverse to the exercise of the power in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate is not a general power of appointment. (d) A power of appointment that is not “general” is “special.” (e) A power of appointment may be general as to some appointive property, or an interest in or a specific portion of appointive property, and be special as to other appointive property. (Amended by Stats. 2016, Ch. 81, Sec. 2. (AB 2846) Effective January 1, 2017.)
  109. 6110.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A will must be in writing, signed in one of the listed ways, and witnessed by at least two people; an unwitnessed or defectively witnessed will may still be treated as compliant if clear and convincing evidence shows the testator intended it to be the will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6110. (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. (Amended by Stats. 2008, Ch. 53, Sec. 1. Effective January 1, 2009.)
  110. 6111.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A will that does not meet the usual execution rule can still be valid as a holographic will if the signature and material provisions are in the testator’s handwriting. Missing date or lack of testamentary capacity can make it invalid in some situations.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6111. (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. (Amended by Stats. 1990, Ch. 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  111. 6111.5.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    Extrinsic evidence may be used to decide whether a document is a will under Sections 6110 or 6111, and to interpret unclear language in a will or part of a will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6111.5. 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. (Added by Stats. 1990, Ch. 710, Sec. 14. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
  112. 6112.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A person who is generally competent to testify may witness a will, and a will is not invalid just because it is signed by an interested witness.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6112. (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. (Enacted by Stats. 1990, Ch. 79.)
  113. 6113.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    A written will is validly executed if it meets any one of the listed law-compliance tests.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Execution of Wills [6110 - 6113] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 6113. 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. (Enacted by Stats. 1990, Ch. 79.)
  114. 612.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    This section defines when a power of appointment is testamentary, presently exercisable, or postponed.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 612. (a) A power of appointment is “testamentary” if it is exercisable only by a will. (b) A power of appointment is “presently exercisable” at the time in question to the extent that an irrevocable appointment can be made. (c) A power of appointment is “not presently exercisable” if it is “postponed.” A power of appointment is “postponed” in either of the following circumstances: (1) The creating instrument provides that the power of appointment may be exercised only after a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met. (2) The creating instrument provides that an exercise of the power of appointment is revocable until a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  115. 6120.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A will, or part of one, is revoked if a later will revokes it or if it is physically destroyed with intent to revoke it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6120. 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. (Enacted by Stats. 1990, Ch. 79.)
  116. 6121.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A will made in duplicate is revoked if one copy is burned, torn, canceled, obliterated, or destroyed with intent to revoke it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6121. 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. (Enacted by Stats. 1990, Ch. 79.)
  117. 6122.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    A divorce or annulment generally revokes certain will provisions benefiting a former spouse, unless the will says otherwise.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6122. (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. (Amended by Stats. 2016, Ch. 50, Sec. 86. (SB 1005) Effective January 1, 2017.)
  118. 6122.1.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If a will-maker’s domestic partnership ends, the will revokes gifts, appointments, and nominations to the former partner unless the will says otherwise.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6122.1. (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. (Added by Stats. 2001, Ch. 893, Sec. 51. Effective January 1, 2002.)
  119. 6123.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

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    If a second will is revoked, the first will is revived or remains revoked depending on the method of revocation and evidence of the testator’s intent.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6123. (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. (Enacted by Stats. 1990, Ch. 79.)
  120. 6124.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a testator’s will was last in the testator’s possession, the testator was competent until death, and the will or a duplicate original cannot be found after death, the law presumes the testator destroyed it with intent to revoke it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Revocation and Revival [6120 - 6124] ( Chapter 3 enacted by Stats. 1990, Ch. 79. ) ## 6124. 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. (Enacted by Stats. 1990, Ch. 79.)
  121. 613.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A power of appointment is “imperative” if the creating instrument shows the appointees are meant to benefit even if the powerholder does not exercise it; otherwise it is “discretionary.”

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 2. Definitions; Classification of Powers of Appointment [610 - 613] ( Chapter 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 613. A power of appointment is “imperative” where the creating instrument manifests an intent that the permissible appointees be benefited even if the powerholder fails to exercise the power. An imperative power can exist even though the powerholder has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are “discretionary.” The powerholder of a discretionary power is privileged to exercise, or not to exercise, the power as the powerholder chooses. (Amended by Stats. 2016, Ch. 81, Sec. 3. (AB 2846) Effective January 1, 2017.)
  122. 6130.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A writing existing when a will is executed may be incorporated by reference if the will shows that intent and describes the writing well enough to identify it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6130. 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. (Enacted by Stats. 1990, Ch. 79.)
  123. 6131.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A will may dispose of property by referring to outside acts and events that have independent significance.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6131. 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. (Enacted by Stats. 1990, Ch. 79.)
  124. 6132.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. )

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    A will may point to a separate writing that directs who gets tangible personal property, if the statute’s conditions are met and the property/value limits are respected.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 4. Reference to Matters Outside the Will [6130 - 6132] ( Chapter 4 enacted by Stats. 1990, Ch. 79. ) ## 6132. (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. (Added by Stats. 2006, Ch. 280, Sec. 1. Effective January 1, 2007.)
  125. 62.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    “Property” includes anything that can be owned, including real property, personal property, and any interest in them.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 62. “Property” means anything that may be the subject of ownership and includes both real and personal property and any interest therein. (Enacted by Stats. 1990, Ch. 79.)
  126. 620.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 3. Creation of Powers of Appointment [620 - 621] ( Chapter 3 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A donor may create a power of appointment only if the donor has capacity to transfer the relevant property interest.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 3. Creation of Powers of Appointment [620 - 621] ( Chapter 3 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 620. A power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  127. 6200.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section says the chapter’s definitions and rules of construction apply, unless the provision or context clearly requires otherwise.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6200. Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  128. 6201.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines “testator” as a person choosing to adopt a California statutory will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6201. “Testator” means a person choosing to adopt a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  129. 6203.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines “executor” for California statutory wills.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6203. “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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  130. 6204.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines “trustee” for California statutory wills.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6204. “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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  131. 6205.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines “descendants” to include children, grandchildren, and lineal descendants of all generations.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6205. “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. (Amended by Stats. 2002, Ch. 138, Sec. 7. Effective January 1, 2003.)
  132. 6206.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines how certain terms are read in a California statutory will, including references to minor-custody acts and the term “custodian.”

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6206. 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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  133. 6207.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

    Verify source ↗

    This section says masculine pronouns include feminine ones, and singular and plural words include each other when appropriate.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6207. Masculine pronouns include the feminine, and plural and singular words include each other, where appropriate. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  134. 6208.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    A California statutory will can make a person’s stated act mandatory, and a stated permission must be exercised through the person’s fiduciary powers.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6208. (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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  135. 6209.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    When a California statutory will calls for a distribution to a person’s descendants, the property must be split into equal shares among descendants of the nearest living degree, with shares for deceased descendants passed down to their living descendants in the same way.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6209. 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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  136. 621.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 3. Creation of Powers of Appointment [620 - 621] ( Chapter 3 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A power of appointment exists only if the statute’s listed conditions are met, including a valid creating instrument, transfer of the appointive property, and intent to create the power; one requirement does not apply when the power is created by exercising another power of appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 3. Creation of Powers of Appointment [620 - 621] ( Chapter 3 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 621. (a) A power of appointment is created only if all of the following are satisfied: (1) There is a creating instrument. (2) The creating instrument is valid under applicable law. (3) Except as provided in subdivision (b), the creating instrument transfers the appointive property. (4) The terms of the creating instrument manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee. (b) Paragraph (3) of subdivision (a) does not apply to the creation of a power of appointment by the exercise of a power of appointment. (Added by Stats. 2016, Ch. 81, Sec. 4. (AB 2846) Effective January 1, 2017.)
  137. 6210.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section defines “person” to include both individuals and institutions.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6210. “Person” includes individuals and institutions. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  138. 6211.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    A person mentioned as “if living” or “survives me” must survive the decedent by 120 hours.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 1. Definitions and Rules of Construction [6200 - 6211] ( Article 1 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6211. 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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  139. 6220.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    An adult of sound mind may execute a California statutory will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6220. Any individual of sound mind and over the age of 18 may execute a California statutory will under the provisions of this chapter. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  140. 6221.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    A California statutory will must be completed and signed by the testator, and each witness must watch the testator sign and then sign in the testator’s presence.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6221. 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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  141. 6222.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    If two or more witnesses execute the attestation clause in a California statutory will, that satisfies Section 8220.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6222. The execution of the attestation clause provided in the California statutory will by two or more witnesses satisfies Section 8220. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  142. 6223.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section says there is only one California statutory will and sets out what it contains.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6223. (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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  143. 6224.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section says selecting more than one listed property-disposition clause can prevent a gift from being made, and certain selections about paragraph 5 cause the residuary estate to pass to the testator’s heirs as if there were no will.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6224. 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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  144. 6225.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    When interpreting a statutory will, only the property disposition clauses and mandatory clauses are considered; titles are ignored.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6225. Only the texts of property disposition clauses and the mandatory clauses shall be considered in determining their meaning. Their titles shall be disregarded. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  145. 6226.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    A California statutory will may be revoked or amended by codicil like other wills, and handwritten changes on the form are effective only if supported by clear and convincing evidence of the testator’s clear intent.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6226. (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. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  146. 6227.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    After a California statutory will is signed, divorce, annulment, or termination of a registered domestic partnership revokes gifts and nominations to the former spouse; those provisions revive if the testator later remarries or reenters a domestic partnership with that former spouse.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 2. General Provisions [6220 - 6227] ( Article 2 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6227. (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. (Amended by Stats. 2016, Ch. 50, Sec. 87. (SB 1005) Effective January 1, 2017.)
  147. 6240.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section gives instructions for using the California Statutory Will form, including reading it first, filling in blanks only, and signing it with two witnesses.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6240. The following is the California Statutory Will form: QUESTIONS AND ANSWERS ABOUT THIS CALIFORNIA STATUTORY WILL The following information, in question and answer form, is not a part of the California Statutory Will. It is designed to help you understand about Wills and to decide if this Will meets your needs. This Will is in a simple form. The complete text of each paragraph of this Will is printed at the end of the Will. 1. What happens if I die without a Will? If you die without a Will, what you own (your “assets”) in your name alone will be divided among your spouse, domestic partner, children, or other relatives according to state law. The court will appoint a relative to collect and distribute your assets. 2. What can a Will do for me? In a Will you may designate who will receive your assets at your death. You may designate someone (called an “executor”) to appear before the court, collect your assets, pay your debts and taxes, and distribute your assets as you specify. You may nominate someone (called a “guardian”) to raise your children who are under age 18. You may designate someone (called a “custodian”) to manage assets for your children until they reach any age from 18 to 25. 3. Does a Will avoid probate? No. With or without a Will, assets in your name alone usually go through the court probate process. The court’s first job is to determine if your Will is valid. 4. What is community property? Can I give away my share in my Will? If you are married or in a domestic partnership and you or your spouse earned money during your marriage or domestic partnership from work and wages, that money (and the assets bought with it) is community property. Your Will can only give away your one-half of community property. Your Will cannot give away your spouse’s one-half of community property. 5. Does my Will give away all of my assets? Do all assets go through probate? No. Money in a joint tenancy bank account automatically belongs to the other named owner without probate. If your spouse, domestic partner, or child is on the deed to your house as a joint tenant, the house automatically passes to him or her. Life insurance and retirement plan benefits may pass directly to the named beneficiary. A Will does not necessarily control how these types of “nonprobate” assets pass at your death. 6. Are there different kinds of Wills? Yes. There are handwritten Wills, typewritten Wills, attorney-prepared Wills, and statutory Wills. All are valid if done precisely as the law requires. You should see a lawyer if you do not want to use this Statutory Will or if you do not understand this form. 7. Who may use this Will? This Will is based on California law. It is designed only for California residents. You may use this form if you are single, married, a member of a domestic partnership, or divorced. You must be age 18 or older and of sound mind. 8. Are there any reasons why I should NOT use this Statutory Will? Yes. This is a simple Will. It is not designed to reduce death taxes or other taxes. Talk to a lawyer to do tax planning, especially if (i) your assets will be worth more than $600,000 or the current amount excluded from estate tax under federal law at your death, (ii) you own business-related assets, (iii) you want to create a trust fund for your children’s education or other purposes, (iv) you own assets in some other state, (v) you want to disinherit your spouse, domestic partner, or descendants, or (vi) you have valuable interests in pension or profit-sharing plans. You should talk to a lawyer who knows about estate planning if this Will does not meet your needs. This Will treats most adopted children like natural children. You should talk to a lawyer if you have stepchildren or foster children whom you have not adopted. 9. May I add or cross out any words on this Will? No. If you do, the Will may be invalid or the court may ignore the crossed out or added words. You may only fill in the blanks. You may amend this Will by a separate document (called a codicil). Talk to a lawyer if you want to do something with your assets which is not allowed in this form. 10. May I change my Will? Yes. A Will is not effective until you die. You may make and sign a new Will. You may change your Will at any time, but only by an amendment (called a codicil). You can give away or sell your assets before your death. Your Will only acts on what you own at death. 11. Where should I keep my Will? After you and the witnesses sign the Will, keep your Will in your safe deposit box or other safe place. You should tell trusted family members where your Will is kept. 12. When should I change my Will? You should make and sign a new Will if you marry, divorce, or terminate your domestic partnership after you sign this Will. Divorce, annulment, or termination of a domestic partnership automatically cancels all property stated to pass to a former spouse or domestic partner under this Will, and revokes the designation of a former spouse or domestic partner as executor, custodian, or guardian. You should sign a new Will when you have more children, or if your spouse or a child dies, or a domestic partner dies or marries. You may want to change your Will if there is a large change in the value of your assets. You may also want to change your Will if you enter a domestic partnership or your domestic partnership has been terminated after you sign this Will. 13. What can I do if I do not understand something in this Will? If there is anything in this Will you do not understand, ask a lawyer to explain it to you. 14. What is an executor? An “executor” is the person you name to collect your assets, pay your debts and taxes, and distribute your assets as the court directs. It may be a person or it may be a qualified bank or trust company. 15. Should I require a bond? You may require that an executor post a “bond.” A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor. The cost of the bond is paid from the estate’s assets. 16. What is a guardian? Do I need to designate one? If you have children under age 18, you should designate a guardian of their “persons” to raise them. 17. What is a custodian? Do I need to designate one? A “custodian” is a person you may designate to manage assets for someone (including a child) who is under the age of 25 and who receives assets under your Will. The custodian manages the assets and pays as much as the custodian determines is proper for health, support, maintenance, and education. The custodian delivers what is left to the person when the person reaches the age you choose (from 18 to 25). No bond is required of a custodian. 18. Should I ask people if they are willing to serve before I designate them as executor, guardian, or custodian? Probably yes. Some people and banks and trust companies may not consent to serve or may not be qualified to act. 19. What happens if I make a gift in this Will to someone and that person dies before I do? A person must survive you by 120 hours to take a gift under this Will. If that person does not, then the gift fails and goes with the rest of your assets. If the person who does not survive you is a relative of yours or your spouse, then certain assets may go to the relative’s descendants. 20. What is a trust? There are many kinds of trusts, including trusts created by Wills (called “testamentary trusts”) and trusts created during your lifetime (called “revocable living trusts”). Both kinds of trusts are long-term arrangements in which a manager (called a “trustee”) invests and manages assets for someone (called a “beneficiary”) on the terms you specify. Trusts are too complicated to be used in this Statutory Will. You should see a lawyer if you want to create a trust. 21. What is a domestic partner? You have a domestic partner if you have met certain legal requirements and filed a form entitled “Declaration of Domestic Partnership” with the Secretary of State. Notwithstanding Section 299.6 of the Family Code, if you have not filed a Declaration of Domestic Partnership with the Secretary of State, you do not meet the required definition and should not use the section of the Statutory Will form that refers to domestic partners even if you have registered your domestic partnership with another governmental entity. If you are unsure if you have a domestic partner or if your domestic partnership meets the required definition, please contact the Secretary of State’s office. INSTRUCTIONS 1. READ THE WILL. Read the whole Will first. If you do not understand something, ask a lawyer to explain it to you. 2. FILL IN THE BLANKS. Fill in the blanks. Follow the instructions in the form carefully. Do not add any words to the Will (except for filling in blanks) or cross out any words. 3. DATE AND SIGN THE WILL AND HAVE TWO WITNESSES SIGN IT. Date and sign the Will and have two witnesses sign it. You and the witnesses should read and follow the Notice to Witnesses found at the end of this Will. *You do not need to have this document notarized. Notarization will not fulfill the witness requirement. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The California Statutory Will appears in the hard-copy publication of the chaptered bill. See Sec. 88, Chapter 50 (pp. 77–82), Statutes of 2016. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by Stats. 2016, Ch. 50, Sec. 88. (SB 1005) Effective January 1, 2017. Note: See published chaptered bill for complete section text. The California Statutory Will appears on pages 77 to 82 of Ch. 50.)
  148. 6241.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    This section lists the mandatory clauses for the California statutory will, including how the executor handles a residuary estate, minor beneficiaries, estate asset distribution, and the authority of a nominated guardian.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6241. The mandatory clauses of the California statutory will form are as follows: (a) Intestate Disposition. If the testator has not made an effective disposition of the residuary estate, the executor shall distribute it to the testator’s heirs at law, their identities and respective shares to be determined according to the laws of the State of California in effect on the date of the testator’s death relating to intestate succession of property not acquired from a predeceased spouse. (b) Powers of Executor. (1) In addition to any powers now or hereafter conferred upon executors by law, including all powers granted under the Independent Administration of Estates Act, the executor shall have the power to: (A) Sell estate assets at public or private sale, for cash or on credit terms. (B) Lease estate assets without restriction as to duration. (C) Invest any surplus moneys of the estate in real or personal property, as the executor deems advisable. (2) The executor may distribute estate assets otherwise distributable to a minor beneficiary to one of the following: (A) The guardian of the minor’s person or estate. (B) Any adult person with whom the minor resides and who has the care, custody, or control of the minor. (C) A custodian of the minor under the Uniform Transfers to Minors Act as designated in the California statutory will form. The executor is free of liability and is discharged from any further accountability for distributing assets in compliance with the provisions of this paragraph. (3) On any distribution of assets from the estate, the executor shall have the discretion to partition, allot, and distribute the assets in the following manner: (A) In kind, including undivided interest in an asset or in any part of it. (B) Partly in cash and partly in kind. (C) Entirely in cash. If a distribution is being made to more than one beneficiary, the executor shall have the discretion to distribute assets among them on a pro rata or non pro rata basis, with the assets valued as of the date of distribution. (c) Powers of Guardian. A guardian of the person nominated in the California statutory will shall have the same authority with respect to the person of the ward as a parent having legal custody of a child would have. All powers granted to guardians in this paragraph may be exercised without court authorization. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  149. 6242.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    A California statutory will may include only the specified property disposition and mandatory clauses, and certain code sections apply to all such wills or only to wills executed after a stated date.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6242. (a) Except as specifically provided in this chapter, a California statutory will shall include only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the California statutory will is executed. (b) Sections 6205, 6206, and 6227 apply to every California statutory will, including those executed before January 1, 1985. Section 6211 applies only to California statutory wills executed after July 1, 1991. (c) Notwithstanding Section 6222, and except as provided in subdivision (b), a California statutory will is governed by the law that applied prior to January 1, 1992, if the California statutory will is executed on a form that (1) was prepared for use under former Sections 56 to 56.14, inclusive, or former Sections 6200 to 6248, inclusive, of the Probate Code, and (2) satisfied the requirements of law that applied prior to January 1, 1992. (d) A California statutory will does not fail to satisfy the requirements of subdivision (a) merely because the will is executed on a form that incorporates the mandatory clauses of Section 6241 that refer to former Section 1120.2. If the will incorporates the mandatory clauses with a reference to former Section 1120.2, the trustee has the powers listed in Article 2 (commencing with Section 16220) of Chapter 2 of Part 4 of Division 9. (Amended by Stats. 2004, Ch. 183, Sec. 279. Effective January 1, 2005.)
  150. 6243.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. )

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    For a California statutory will, California’s general law applies unless this chapter specifically provides otherwise.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 6. California Statutory Will [6200 - 6243] ( Chapter 6 repealed and added by Stats. 1991, Ch. 1055, Sec. 20. ) ## ARTICLE 3. Form and Full Text of Clauses [6240 - 6243] ( Article 3 added by Stats. 1991, Ch. 1055, Sec. 20. ) ## 6243. Except as specifically provided in this chapter, the general law of California applies to a California statutory will. (Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
  151. 625.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 1. Donee’s Capacity [625- 625.] ( Article 1 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A powerholder may exercise a power of appointment only if they have capacity to transfer the related property interest, and a minor powerholder may not exercise it during minority unless the creating instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 1. Donee’s Capacity [625- 625.] ( Article 1 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 625. (a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates. (b) Unless the creating instrument otherwise provides, a powerholder who is a minor may not exercise a power of appointment during minority. (Amended by Stats. 2016, Ch. 81, Sec. 5. (AB 2846) Effective January 1, 2017.)
  152. 630.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A power of appointment must be exercised according to any requirements set out in the creating instrument, unless the part says otherwise. If not expressly prohibited, a power exercisable by inter vivos instrument can also be exercised by written will.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 630. (a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exercised only by complying with those requirements. (b) Unless expressly prohibited by the creating instrument, a power stated to be exercisable by an inter vivos instrument is also exercisable by a written will. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  153. 6300.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

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    A will may leave property to a trustee for a trust if the trust is identified in the will and its terms are in a qualifying written instrument.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator, by the testator and some other person, or by some other person (including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator’s will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testator’s will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. (b) Unless the testator’s will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testator’s will). (c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse. (Amended by Stats. 2017, Ch. 33, Sec. 1. (AB 309) Effective January 1, 2018.)
  154. 6301.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

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    A devise in a will executed before September 17, 1965 is not invalidated by this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 6301. This chapter does not invalidate any devise made by a will executed prior to September 17, 1965. (Enacted by Stats. 1990, Ch. 79.)
  155. 6303.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. )

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    This chapter may be cited as the Uniform Testamentary Additions to Trusts Act.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 7. Uniform Testamentary Additions to Trusts Act [6300 - 6303] ( Chapter 7 enacted by Stats. 1990, Ch. 79. ) ## 6303. This chapter may be cited as the Uniform Testamentary Additions to Trusts Act. (Enacted by Stats. 1990, Ch. 79.)
  156. 631.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A court may excuse noncompliance with certain formal appointment requirements if two stated conditions are met, but not for a specific reference requirement under Section 632.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 631. (a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal requirements and determine that exercise of the appointment was effective if both of the following requirements are satisfied: (1) The appointment approximates the manner of appointment prescribed by the donor. (2) The failure to satisfy the formal requirements does not defeat the accomplishment of a significant purpose of the donor. (b) This section does not permit a court to excuse compliance with a specific reference requirement under Section 632. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  157. 632.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

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    If the creating instrument requires a specific reference, the power of appointment may be exercised only by an instrument that includes that reference.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 632. If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the power can be exercised only by an instrument containing the required reference. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  158. 6320.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

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    This section defines terms used in the chapter, including “designation” and “instrument.”

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6320. As used in this chapter, unless the context otherwise requires: (a)“Designation” means a designation made pursuant to Section 6321. (b) “Instrument” includes all of the following: (1)An insurance, annuity, or endowment contract (including any agreement issued or entered into by the insurer in connection therewith, supplemental thereto, or in settlement thereof). (2)A pension, retirement benefit, death benefit, stock bonus, profit-sharing or employees’ saving plan, employee benefit plan, or contract created or entered into by an employer for the benefit of some or all of his or her employees. (3)A self-employed retirement plan, or an individual retirement annuity or account, established or held pursuant to the Internal Revenue Code. (4) A multiple-party account, as defined in Section 5132. (5) Any other written instrument of a type described in Section 5000. (Amended by Stats. 1992, Ch. 178, Sec. 31.4. Effective January 1, 1993.)
  159. 6321.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

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    A person may use an instrument to name a trustee from the person’s will as a beneficiary, payee, or owner, and the designation can be made before or after the will is signed without will formalities.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6321. An instrument may designate as a primary or contingent beneficiary, payee, or owner a trustee named or to be named in the will of the person entitled to designate the beneficiary, payee, or owner. The designation shall be made in accordance with the provisions of the contract or plan or, in the absence of such provisions, in a manner approved by the insurer if an insurance, annuity, or endowment contract is involved, and by the trustee, custodian, or person or entity administering the contract or plan, if any. The designation may be made before or after the execution of the designator’s will and is not required to comply with the formalities for execution of a will. (Amended by Stats. 1992, Ch. 178, Sec. 31.6. Effective January 1, 1993.)
  160. 6322.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

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    A designation is ineffective unless the will creates the trust or makes a valid disposition under Section 6300.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6322. The designation is ineffective unless the designator’s will contains provisions creating the trust or makes a disposition valid under Section 6300. (Enacted by Stats. 1990, Ch. 79.)
  161. 6323.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

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    Subject to Section 6325, benefits or rights from the designation are paid or transferred directly to the trustee without going through probate administration.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6323. Subject to the provisions of Section 6325, the benefits or rights resulting from the designation are payable or transferable directly to the trustee, without becoming subject to administration, upon or at any time after admission of the designator’s will to probate. A designation pursuant to this chapter does not have the effect of naming a trustee of a separate inter vivos trust but the rights and benefits or the proceeds thereof when paid to the trustee are, or become a part of, the testamentary trust or trusts established pursuant to the designator’s will or shall be added to an inter vivos trust or trusts if the disposition is governed by Section 6300. (Enacted by Stats. 1990, Ch. 79.)
  162. 6324.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    Unless the designator’s will says otherwise, property rights and benefits paid or transferred to the trustee are protected from the designator’s debts to no greater extent than similar transfers to a named beneficiary, payee, or owner outside the estate.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6324. Except as otherwise provided in the designator’s will, the rights and benefits and their proceeds paid or transferred to the trustee are not subject to the debts of the designator to any greater extent than if they were paid or transferred to a named beneficiary, payee, or owner other than the estate of the designator. (Enacted by Stats. 1990, Ch. 79.)
  163. 6325.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    The court handling the decedent’s estate may decide trust-related issues and make orders about the trust, its trustee, and related payments or transfers.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6325. (a) The court in which the proceedings are pending for administration of the estate of the decedent has jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to: (1) Determine the validity of the trust. (2) Determine the terms of the trust. (3) Fill vacancies in the office of trustee. (4) Require a bond of a trustee in its discretion and in such amount as the court may determine for the faithful performance of duties as trustee, subject to the provisions of Article 3 (commencing with Section 1570) of Chapter 16 of Division 1.1 of the Financial Code and Section 15602 of this code. (5) Grant additional powers to the trustee, as provided in Section 16201. (6) Instruct the trustee. (7) Fix or allow payment of compensation of a trustee as provided in Sections 15680 to 15683, inclusive. (8) Hear and determine adverse claims to the trust property by the personal representative, surviving spouse, or other third person. (9) Determine the identity of the trustee and the trustee’s acceptance or rejection of the office and, upon request, furnish evidence of trusteeship to a trustee. (10) Order postponement of the payment or transfer of the benefits and rights or their proceeds. (11) Authorize or direct removal of the trust or trust property to another jurisdiction pursuant to the procedure provided in Chapter 5 (commencing with Section 17400) of Part 5 of Division 9. (12) Make any order incident to the foregoing or to the accomplishment of the purposes of this chapter. (b) The personal representative of the designator’s estate, any trustee named in the will or designation or successor to such trustee, or any person interested in the estate or trust may petition the court for an order under this section. Notice of hearing of the petition shall be given in the manner provided in Section 17203, except as the court may otherwise order. (Amended by Stats. 2014, Ch. 71, Sec. 138. (SB 1304) Effective January 1, 2015.)
  164. 6326.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    If Section 6325 does not specifically cover an issue, Division 9 applies to the trust.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6326. As to matters not specifically provided in Section 6325, the provisions of Division 9 (commencing with Section 15000) apply to the trust. (Enacted by Stats. 1990, Ch. 79.)
  165. 6327.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    An appeal may be taken from certain orders made under this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6327. An appeal may be taken from any of the following: (a) Any order described in Part 3 (commencing with Section 1300) of Division 3 made pursuant to this chapter. (b) An order making or refusing to make a determination specified in paragraph (1), (2), or (8) of subdivision (a) of Section 6325. (c) As provided in Section 1304 for an order made pursuant to Section 6326. (Amended by Stats. 2003, Ch. 32, Sec. 6. Effective January 1, 2004.)
  166. 6328.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    If no qualified trustee claims the benefits, rights, or proceeds within one year after the designator’s death, or if proof shows no trustee can qualify, the obligor may pay or transfer them to the designator’s personal representative or later entitled persons unless the designator provided otherwise.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6328. If no qualified trustee makes claim to the benefits or rights or proceeds within one year after the death of the designator, or if satisfactory evidence is furnished within such one-year period showing that no trustee can qualify to receive them, payment or transfer may be made, unless the designator has otherwise provided, by the obligor to the personal representative of the designator or to those thereafter entitled, and the obligor is discharged from liability. (Enacted by Stats. 1990, Ch. 79.)
  167. 6329.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    This section says the chapter does not make otherwise valid trusts invalid if they were not made under this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6329. Enactment of this chapter does not invalidate trusts, otherwise valid, not made pursuant to the provisions of this chapter. (Enacted by Stats. 1990, Ch. 79.)
  168. 633.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    A power of appointment that needs consent can be exercised only if the required consent is included in the exercise document or a separate signed written instrument.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 633. (a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required. (b) Unless expressly prohibited by the creating instrument: (1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person. (2) If a person whose consent is required becomes legally incapable of consenting, the person’s guardian or conservator may consent to an exercise of the power. (3) A consent may be given before or after the exercise of the power by the powerholder. (Amended by Stats. 2016, Ch. 81, Sec. 6. (AB 2846) Effective January 1, 2017.)
  169. 6330.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. )

    Verify source ↗

    This section says Chapter 8 is a continuation of the earlier law, not a new enactment, and that after December 31, 1984, references to the old provisions are treated as references to this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 8. Nonprobate Transfer to Trustee Named in Decedent’s Will [6320 - 6330] ( Heading of Chapter 8 amended by Stats. 1992, Ch. 178, Sec. 31.2. ) ## 6330. This chapter, insofar as it is substantially the same as former Chapter 10 (commencing with Section 175) of former Division 1, repealed by Section 18 of Chapter 842 of the Statutes of 1983, shall be construed as a restatement and continuation thereof and not as a new enactment. After December 31, 1984, a reference in a written instrument to the previously existing provisions relating to the subject matter of this chapter shall be deemed to be a reference to the corresponding provisions of this chapter. (Enacted by Stats. 1990, Ch. 79.)
  170. 634.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    A power of appointment given to two or more powerholders can be exercised only if all of them act together, unless the creating instrument says otherwise.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 634. A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of the powerholders dies, becomes legally incapable of exercising the power, or releases the power, the power may be exercised by the others, unless expressly prohibited by the creating instrument. (Amended by Stats. 2016, Ch. 81, Sec. 7. (AB 2846) Effective January 1, 2017.)
  171. 6341.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If a will leaves property to a custodian under the California Uniform Gifts to Minors Act or the California Uniform Transfers to Minors Act, those Act rules apply before distribution, and the personal representative must distribute the property in the form and manner required by the California Uniform Transfers to Minors Act.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 6341. If a testator’s will provides that devised property shall be paid or delivered or transferred to a custodian subject to the California Uniform Gifts to Minors Act or the California Uniform Transfers to Minors Act: (a) All of the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900) of Division 4, including, but not limited to, the definitions and the provisions concerning powers, rights, and immunities contained in that act, are applicable to the devise during the period prior to distribution of the property. (b) Unless the will clearly requires otherwise, if the person named as the beneficiary for whose benefit the custodial property is to be held attains the age at which the custodianship was to terminate prior to the order of distribution, the devise shall be deemed to be a direct devise to the person named as the beneficiary for whose benefit the custodial property was to be held. (c) The personal representative of the testator’s estate, upon entry of an order for distribution, shall make distribution pursuant to the order for distribution by transferring the devised property in the form and manner provided by the California Uniform Transfers to Minors Act. (d) If a vacancy in the custodianship exists prior to full distribution of the devised property by the personal representative, a successor custodian shall be appointed for any undistributed property in the manner provided by the California Uniform Transfers to Minors Act. (Enacted by Stats. 1990, Ch. 79.)
  172. 6345.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A will may name successor or substitute custodians and may set the custodian’s compensation standard.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 6345. The will may provide for successor or substitute custodians and may specify the standard of compensation of the custodian. (Enacted by Stats. 1990, Ch. 79.)
  173. 6347.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A will-designated custodian and the beneficiary holding the property are treated as devisees for notice purposes; a custodian has no duty to participate in the estate proceedings unless the will or court requires it, and not before filing a written acceptance with the court clerk.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 6347. (a) Except as otherwise provided in the will or ordered by a court, each custodian designated in the will and the person for whom the property is to be held shall be deemed a devisee for the purpose of receiving notices which may be required or permitted to be sent to a devisee in the estate of the testator. (b) Unless required by the will or ordered by the court, a custodian does not have a duty to participate in the proceedings in the estate on behalf of the minor, and in no event does the custodian have a duty to so participate until the custodian has filed a written notice of acceptance of the office of custodian with the clerk of the court in which administration of the estate of the testator is pending. (Enacted by Stats. 1990, Ch. 79.)
  174. 6348.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Before distribution is completed, the probate court has exclusive jurisdiction over matters concerning undistributed property; after distribution, it has no further jurisdiction over the distributed property.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 6348. Until distribution of the property pursuant to an order for distribution is completed, the court in which administration of the estate of the testator is pending has exclusive jurisdiction over all proceedings and matters concerning undistributed property, including, but not limited to, the appointment, declination, resignation, removal, bonding, and compensation of, and the delivery or transfer of the undistributed property to, a custodian. After distribution of any property is completed, the court has no further jurisdiction over the distributed property and the property shall be held subject to the California Uniform Transfers to Minors Act. (Enacted by Stats. 1990, Ch. 79.)
  175. 6349.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This chapter is not the only way to make devises for minors, and it does not limit the California Uniform Transfers to Minors Act.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 9. Devise Subject to California Uniform Transfers to Minors Act [6341 - 6349] ( Chapter 9 enacted by Stats. 1990, Ch. 79. ) ## 6349. (a) This chapter shall not be construed as providing an exclusive method for making devises to or for the benefit of minors. (b) Nothing in this chapter limits any provision of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900) of Division 4. (Enacted by Stats. 1990, Ch. 79.)
  176. 635.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. )

    Verify source ↗

    This section says the chapter does not limit a court’s power to fix a defective exercise of an imperative power of appointment.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 2. Scope of Donee’s Authority [630 - 635] ( Article 2 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 635. Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment. (Added by Stats. 1992, Ch. 30, Sec. 2. Effective January 1, 1993.)
  177. 6380.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “international will” and who counts as an authorized person for international wills.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6380. In this chapter: (a) “International will” means a will executed in conformity with Sections 6381 to 6384, inclusive. (b) “Authorized person” and “person authorized to act in connection with international wills” means a person who by Section 6388, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by Foreign Service Regulations, is empowered to supervise the execution of international wills. (Enacted by Stats. 1990, Ch. 79.)
  178. 6381.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A will is valid in form if it is made as an international will that meets this chapter’s requirements.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6381. (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter. (b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind. (c) This chapter does not apply to the form of testamentary dispositions made by two or more persons in one instrument. (Enacted by Stats. 1990, Ch. 79.)
  179. 6382.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    An international will must be declared, signed or acknowledged by the testator in front of the required witnesses and authorized person, and then signed by the witnesses and authorized person.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6382. (a) The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means. (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will. (c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature. (d) If the testator is unable to sign, the absence of the testator’s signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for the testator. (e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator. (Enacted by Stats. 1990, Ch. 79.)
  180. 6383.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    Will signatures must be placed at the end of the will, and multi-sheet wills must have each sheet signed and numbered. The authorized person must also ask about safekeeping, note the date, and may record the safekeeping location if the testator expressly requests it.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6383. (a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the testator is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered. (b) The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person. (c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept shall be mentioned in the certificate provided for in Section 6384. (d) A will executed in compliance with Section 6382 is not invalid merely because it does not comply with this section. (Enacted by Stats. 1990, Ch. 79.)
  181. 6384.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    An authorized person must attach a signed certificate to the will, keep a copy, and give another copy to the testator.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6384. The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this chapter for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate shall be substantially in the following form: CERTIFICATE (Convention of October 26, 1973) 1.I, _____ (name, address, and capacity) _____ , a person authorized to act in connection with international wills, 2.certify that on _____ (date) _____ at _____ (place) _____ 3. _____ (testator) (name, address, date and place of birth) _____ in my presence and that of the witnesses 4.(a) _____ (name, address, date and place of birth) _____ (b) _____ (name, address, date and place of birth) _____ has declared that the attached document is his will and that he knows the contents thereof. 5.I furthermore certify that: 6.(a)in my presence and in that of the witnesses (1)the testator has signed the will or has acknowledged his signature previously affixed. (2)following a declaration of the testator stating that he was unable to sign his will for the following reason ________________, I have mentioned this declaration on the will,* and the signature has been affixed by _____ (name and address)* _____ 7.(b)the witnesses and I have signed the will; 8.(c)each page of the will has been signed by _________________ and numbered;* 9.(d)I have satisfied myself as to the identity of the testator and of the witnesses as designated above; 10.(e)the witnesses met the conditions requisite to act as such according to the law under which I am acting; 11. (f) the testator has requested me to include the following statement concerning the safekeeping of his will:* 12. PLACE OF EXECUTION 13. DATE 14. SIGNATURE and, if necessary, SEAL __________ *to be completed if appropriate (Enacted by Stats. 1990, Ch. 79.)
  182. 6385.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    A certificate by the authorized person is treated as conclusive evidence that the instrument is formally valid as a will under this chapter, unless there is evidence to the contrary. Missing or irregular certificates do not affect that formal validity.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6385. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate does not affect the formal validity of a will under this chapter. (Enacted by Stats. 1990, Ch. 79.)
  183. 6386.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    An international will is subject to the ordinary rules for revoking wills.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6386. The international will is subject to the ordinary rules of revocation of wills. (Enacted by Stats. 1990, Ch. 79.)
  184. 6387.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    This section says earlier sections derive from an annex to a 1973 convention, and this chapter should be interpreted with regard to its international origin and the need for uniform interpretation.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6387. Sections 6380 to 6386, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this chapter, regard shall be had to its international origin and to the need for uniformity in its interpretation. (Enacted by Stats. 1990, Ch. 79.)
  185. 6388.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    Certain licensed, active California lawyers in good standing are authorized persons for international wills.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6388. Individuals who have been admitted to practice law before the courts of this state and who are in good standing as active law practitioners of this state are authorized persons in relation to international wills. (Enacted by Stats. 1990, Ch. 79.)
  186. 6389.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    The Secretary of State must set up a registry system for international wills, and authorized persons may register certain information there. The information must be kept strictly confidential until the maker dies, then released on proof of death. The Secretary of State may also transmit the information to another jurisdiction’s registry if requested and if that system has similar confidentiality rules.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6389. The Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator’s death to the center. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or other individual identifying number established by law, if any, address, date and place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the maker. The Secretary of State, at the request of the authorized person, may cause the information it receives about execution of any international will to be transmitted to the registry system of another jurisdiction as identified by the testator, if that other system adheres to rules protecting the confidentiality of the information similar to those established in this state. (Enacted by Stats. 1990, Ch. 79.)
  187. 6390.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. )

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    After December 31, 1984, a written reference to the former law is treated as a reference to the matching provision in this chapter.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 1. WILLS [6100 - 6390] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 11. Uniform International Wills Act [6380 - 6390] ( Chapter 11 enacted by Stats. 1990, Ch. 79. ) ## 6390. After December 31, 1984, a reference in a written instrument, including a will, to the former law (repealed by Chapter 892 of the Statutes of 1984) shall be deemed to be a reference to the corresponding provision of this chapter. (Enacted by Stats. 1990, Ch. 79.)
  188. 640.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A powerholder may exercise a power of appointment only if the powerholder manifests an intent to do so.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 640. (a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power. (b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances: (1) The powerholder declares, in substance, that the powerholder exercises specific powers or all the powers the powerholder has. (2) The powerholder purports to transfer an interest in the appointive property that the powerholder would have no power to transfer except by virtue of the power. (3) The powerholder makes a disposition that, when considered with reference to the property owned and the circumstances existing at the time of the disposition, manifests the powerholder’s understanding that the powerholder was disposing of the appointive property. (c) The circumstances described in subdivision (b) are illustrative, not exclusive. (Amended by Stats. 2016, Ch. 81, Sec. 8. (AB 2846) Effective January 1, 2017.)
  189. 6400.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    Property in a decedent’s estate that is not effectively disposed of by will passes to the decedent’s heirs under this part.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6400. Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part. (Enacted by Stats. 1990, Ch. 79.)
  190. 6401.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    The surviving spouse’s intestate share depends on the type of property and the family members the decedent leaves behind.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6401. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them. (3) One-third of the intestate estate in the following cases: (A) Where the decedent leaves more than one child. (B) Where the decedent leaves one child and the issue of one or more deceased children. (C) Where the decedent leaves issue of two or more deceased children. (Amended by Stats. 2014, Ch. 913, Sec. 32. (AB 2747) Effective January 1, 2015.)
  191. 6402.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    This section sets the order of who inherits intestate estate property that is not covered by the surviving spouse rule.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6402. Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (b) If there is no surviving issue, to the decedent’s parent or parents equally. (c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote. (g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (Amended by Stats. 2014, Ch. 913, Sec. 32.5. (AB 2747) Effective January 1, 2015.)
  192. 6402.5.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    This section directs how a decedent’s estate attributable to a predeceased spouse is distributed, sets a $10,000 notice threshold for certain personal property, and places the burden of proof on the claimant heir for that personal property.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6402.5. (a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir. (d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law. (e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more. (f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate: (1) One-half of the community property in existence at the time of the death of the predeceased spouse. (2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise. (3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (g) For the purposes of this section, quasi-community property shall be treated the same as community property. (h) For the purposes of this section: (1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. (2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. (Enacted by Stats. 1990, Ch. 79.)
  193. 6403.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    For intestate succession, a person must survive the decedent by 120 hours or is treated as having predeceased the decedent.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6403. (a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be an heir 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. (b) This section does not apply to the case where any of the persons upon whose time of death the disposition of property depends died before January 1, 1990, and such case continues to be governed by the law applicable before January 1, 1990. (Enacted by Stats. 1990, Ch. 79.)
  194. 6404.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    If no one is entitled to take the intestate estate under this part, the escheat provision in Part 4 applies.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6404. Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part. (Enacted by Stats. 1990, Ch. 79.)
  195. 6406.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    Relatives of the halfblood generally inherit the same share as relatives of the whole blood, except as provided in Section 6451.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6406. Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood. (Amended by Stats. 1993, Ch. 529, Sec. 3. Effective January 1, 1994.)
  196. 6407.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    A relative conceived before the decedent’s death but born afterward inherits as if born during the decedent’s lifetime.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6407. Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. (Enacted by Stats. 1990, Ch. 79.)
  197. 6409.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    A lifetime gift to an heir counts as an advancement only if the decedent or the heir says so in writing.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6409. (a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate only if one of the following conditions is satisfied: (1) The decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share of the estate or that its value is to be deducted from the value of the heir’s share of the estate. (2) The heir acknowledges in writing that the gift is to be so deducted or is an advancement or that its value is to be deducted from the value of the heir’s share of the estate. (b) Subject to subdivision (c), the property advanced is to be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first. (c) If the value of the property advanced is expressed in the contemporaneous writing of the decedent, or in an acknowledgment of the heir made contemporaneously with the advancement, that value is conclusive in the division and distribution of the intestate estate. (d) If the recipient of the property advanced fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue unless the declaration or acknowledgment provides otherwise. (Amended by Stats. 2002, Ch. 138, Sec. 8. Effective January 1, 2003.)
  198. 641.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. )

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    A will’s general residuary clause, or a general disposition of all property, does not exercise a power of appointment unless the will specifically refers to the power or otherwise shows intent to use it.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 14. POWERS OF APPOINTMENT [600 - 695] ( Part 14 added by Stats. 1992, Ch. 30, Sec. 2. ) ## CHAPTER 4. Exercise of Powers of Appointment [625 - 662] ( Chapter 4 added by Stats. 1992, Ch. 30, Sec. 2. ) ## ARTICLE 3. Donee’s Required Intent [640 - 642] ( Article 3 added by Stats. 1992, Ch. 30, Sec. 2. ) ## 641. (a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to exercise the power. (b) This section applies in a case where the powerholder dies on or after July 1, 1982. (Amended by Stats. 2016, Ch. 81, Sec. 9. (AB 2846) Effective January 1, 2017.)
  199. 6410.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    A debt owed to the decedent is generally not counted against a person's intestate share, except for the debtor; if the debtor dies first, that debt is also ignored when calculating the debtor's issue's share.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6410. (a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor. (b) If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue. (Enacted by Stats. 1990, Ch. 79.)
  200. 6411.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. )

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    A person cannot be disqualified from inheriting as an heir because of non-U.S. citizenship or nationality status in the person’s own chain of claim.

    ## Probate Code - PROB ## DIVISION 6. WILLS AND INTESTATE SUCCESSION [6100 - 6806] ( Division 6 enacted by Stats. 1990, Ch. 79. ) ## PART 2. INTESTATE SUCCESSION [6400 - 6455] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Intestate Succession Generally [6400 - 6414] ( Heading of Chapter 1 added by Stats. 1993, Ch. 529, Sec. 2. ) ## 6411. No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or national of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 54. (AB 1096) Effective January 1, 2022.)

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