BlackletterCalifornia law

PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600. - 5698.]

Part 4 added by Stats. 2015, Ch. 293, Sec. 17.

§§ 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…