PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000. - 5048.]
Part 1 enacted by Stats. 1990, Ch. 79.
§§ 5000–5048 · 21 sections
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…
CHAPTER 2. Nonprobate Transfers of Community Property §§ 5010–5032 · 13 sections
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…
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…
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…
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…