BlackletterCalifornia law

Probate Code § 5022

ARTICLE 2. Consent to Nonprobate Transfer

Current as of September 28, 2026Prob. Code, § 5022Official source ↗

Amended by Stats. 1993, Ch. 219, Sec. 224.3. Effective January 1, 1994.

(a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest in the property.

(b) This chapter does not apply to a spouse’s written consent to a provision for a nonprobate transfer of community property on death that satisfies Section 852 of the Family Code. Such a consent is a transmutation and is governed by the law applicable to transmutations.