Code Section Group

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 - 5696]

  ( 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 Repealed as of January 1, 2021, pursuant to Section 5600.)

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 Repealed as of January 1, 2021, pursuant to Section 5600.)

5624.
  

A revocable transfer on death deed is not effective unless the transferor signs and dates the deed and acknowledges the deed before a notary public.

(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2021, pursuant to Section 5600.)

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 executed.

(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 the effective date of the act that added this subdivision.

(B) This subdivision applies to a revocable transfer on death deed executed before the effective date of the act that added this subdivision only if the transferor was alive on the effective date of the act that added this subdivision.

(Amended by Stats. 2018, Ch. 65, Sec. 1. (AB 1739) Effective July 9, 2018. Repealed as of January 1, 2021, pursuant to Section 5600.)

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, 2021, pursuant to Section 5600.)

PROBProbate Code - PROB1