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 1. General Provisions [5600 - 5616]

  ( Chapter 1 added by Stats. 2015, Ch. 293, Sec. 17. )

ARTICLE 1. Preliminary Provisions [5600 - 5604]
  ( 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(c) This part shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.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, 2021, 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.

(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2021, by its own provisions. Note: Repeal affects Part 4, comprising Sections 5600 to 5696.)

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 Repealed as of January 1, 2021, pursuant to Section 5600.)

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, 2021, pursuant to Section 5600.)

PROBProbate Code - PROB1