BlackletterCalifornia law

DIVISION 5. NONPROBATE TRANSFERS [5000. - 5705.]

Division 5 enacted by Stats. 1990, Ch. 79.

§§ 5000–5705 · 124 sections

  1. PART 1. PROVISIONS RELATING TO EFFECT OF DEATH §§ 5000–5048 · 21 sections
    1. CHAPTER 1. General Provisions §§ 5000–5003 · 3 sections
      • § 5000 (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or…
      • § 5002 Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to receive,…
      • § 5003 (a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for a nonprobate…
    2. CHAPTER 2. Nonprobate Transfers of Community Property §§ 5010–5032 · 13 sections
      1. ARTICLE 1. General Provisions §§ 5010–5015 · 6 sections
        • § 5010 As used in this chapter, “written consent” to a provision for a nonprobate transfer of community property on death includes a written joinder in such a…
        • § 5011 Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all of the…
        • § 5012 A provision of this chapter concerning rights between a married person and the person’s spouse in community property is relevant only to controversies between…
        • § 5013 Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community property under Chapter 1 (commencing with Section 140) of Part…
        • § 5014 (a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate transfer of community property on the death of a married…
        • § 5015 Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a…
      2. ARTICLE 2. Consent to Nonprobate Transfer §§ 5020–5023 · 4 sections
        • § 5020 A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person’s spouse (1) is not…
        • § 5021 (a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a…
        • § 5022 (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…
        • § 5023 (a) As used in this section “modification” means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different…
      3. ARTICLE 3. Revocation of Consent §§ 5030–5032 · 3 sections
        • § 5030 (a) A spouse’s written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage. (b) On termination of…
        • § 5031 (a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse, the…
        • § 5032 On revocation of a spouse’s written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if the consent…
    3. CHAPTER 3. Nonprobate Transfer to Former Spouse §§ 5040–5048 · 5 sections
      • § 5040 (a) Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, in an instrument executed by the transferor before or…
      • § 5042 (a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s former spouse, created before or during the marriage or…
      • § 5044 (a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a…
      • § 5046 Nothing in this chapter is intended to limit the court’s authority to order a party to a dissolution or annulment of marriage to maintain the former spouse as…
      • § 5048 (a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002. (b) Except as provided in subdivision (c), this chapter…
  2. PART 2. MULTIPLE-PARTY ACCOUNTS §§ 5100–5407 · 38 sections
    1. CHAPTER 1. Short Title and Definitions §§ 5100–5152 · 19 sections
      1. ARTICLE 1. Short Title § 5100 · 1 section
        • § 5100 This part may be cited as the California Multiple-Party Accounts Law.
      2. ARTICLE 2. Definitions §§ 5120–5152 · 18 sections
        • § 5120 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
        • § 5122 (a) “Account” means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account,…
        • § 5124 “Agent” means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power of attorney.
        • § 5126 “Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee.
        • § 5128 “Financial institution” includes: (a) A financial institution as defined in Section 40. (b) An industrial loan company as defined in Section 18003 of the…
        • § 5130 “Joint account” means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship.
        • § 5132 A “multiple-party account” is any of the following types of account: (a) A joint account. (b) A P.O.D. account. (c) A Totten trust account.
        • § 5134 (a) “Net contribution” of a party to an account as of any given time is the sum of all of the following: (1) All deposits thereto made by or for the party,…
        • § 5136 (a) “Party” means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an…
        • § 5138 “Payment” of sums on deposit includes all of the following: (a) A withdrawal, including payment on check or other directive of a party. (b) A pledge of sums of…
        • § 5139 “P.O.D.” means pay on death.
        • § 5140 “P.O.D. account” means any of the following: (a) An account payable on request to one person during the person’s lifetime and on the person’s death to one or…
        • § 5142 “P.O.D. payee” means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons.
        • § 5144 “Proof of death” includes any of the following: (a) An original or attested or certified copy of a death certificate. (b) A record or report that is prima…
        • § 5146 Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution “receives” an order or notice under…
        • § 5148 “Request” means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special…
        • § 5150 “Sums on deposit” means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in the…
        • § 5152 “Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent.
    2. CHAPTER 2. General Provisions §§ 5201–5205 · 5 sections
      • § 5201 (a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or…
      • § 5202 Nothing in this part affects the law relating to transfers in fraud of creditors.
      • § 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,…
      • § 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…
      • § 5205 This part applies to accounts in existence on July 1, 1990, and accounts thereafter established.
    3. CHAPTER 3. Ownership Between Parties and Their Creditors and Successors §§ 5301–5307 · 7 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    4. CHAPTER 4. Protection of Financial Institution §§ 5401–5407 · 7 sections
      • § 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…
      • § 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…
      • § 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.…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
  3. PART 3. UNIFORM TOD SECURITY REGISTRATION ACT §§ 5500–5512 · 13 sections
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 5504 A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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.
  4. PART 4. REVOCABLE TRANSFER ON DEATH DEED §§ 5600–5698 · 46 sections
    1. CHAPTER 1. General Provisions §§ 5600–5618 · 13 sections
      1. ARTICLE 1. Preliminary Provisions §§ 5600–5605 · 4 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      2. ARTICLE 2. Definitions §§ 5606–5618 · 9 sections
        • § 5606 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
        • § 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…
        • § 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…
        • § 5612 “Recorded” has the meaning provided in Section 1170 of the Civil Code.
        • § 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…
        • § 5614.5 “Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.
        • § 5615 “Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624.
        • § 5616 “Transferor” means an owner of real property who makes a revocable transfer on death deed of the property.
        • § 5618 “Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims.
    2. CHAPTER 2. Execution and Revocation §§ 5620–5644 · 10 sections
      1. ARTICLE 1. Execution §§ 5620–5628 · 6 sections
        • § 5620 An owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property.
        • § 5622 The transferor shall identify the beneficiary by name in a revocable transfer on death deed.
        • § 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.…
        • § 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…
        • § 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.…
        • § 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…
      2. ARTICLE 2. Revocation §§ 5630–5632 · 2 sections
        • § 5630 A transferor who has the capacity to contract may revoke a revocable transfer on death deed at any time.
        • § 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…
      3. ARTICLE 3. Statutory Forms §§ 5642–5644 · 2 sections
        • § 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…
        • § 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…
    3. CHAPTER 3. Effect §§ 5650–5678 · 15 sections
      1. ARTICLE 1. General Provisions §§ 5650–5659 · 6 sections
        • § 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…
        • § 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:…
        • § 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…
        • § 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…
        • § 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,…
        • § 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…
      2. ARTICLE 2. Other Instruments and Forms of Tenure §§ 5660–5668 · 4 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
      3. ARTICLE 3. Creditors §§ 5670–5678 · 5 sections
        • § 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…
        • § 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…
        • § 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…
        • § 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…
        • § 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…
    4. CHAPTER 4. Effectuation of Transfer §§ 5680–5682 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    5. CHAPTER 5. Contest §§ 5690–5698 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
  5. PART 5. GIFTS IN VIEW OF IMPENDING DEATH §§ 5700–5705 · 6 sections
    • § 5700 As used in this part, “gift” means a transfer of personal property made voluntarily and without consideration.
    • § 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.
    • § 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…
    • § 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…
    • § 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…
    • § 5705 A gift in view of impending death is subject to Section 9653.