reglab/housing_qa huggingface dataset:
CA Prob Code § 5304 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5304.

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 considered as testamentary. The right under this part of a surviving party to a joint account, or of a beneficiary, or of a P.O.D. payee, to the sums on deposit on the death of a party to a multiple-party account shall not be denied, abridged, or affected because such right has not been created by a writing executed in accordance with the laws of this state prescribing the requirements to effect a valid testamentary disposition of property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5305 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5305.

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 agreement, their net contribution to the account is presumed to be and remain their community property.(b) Notwithstanding Sections 2581 and 2640 of the Family Code, the presumption established by this section is a presumption affecting the burden of proof and may be rebutted by proof of either of the following:(1) The sums on deposit that are claimed to be separate property can be traced from separate property unless it is proved that the married persons made a written agreement that expressed their clear intent that the sums be their community property.(2) The married persons made a written agreement, separate from the deposit agreement, that expressly provided that the sums on deposit, claimed not to be community property, were not to be community property.(c) Except as provided in Section 5307, a right of survivorship arising from the express terms of the account or under Section 5302, a beneficiary designation in a Totten trust account, or a P.O.D. payee designation, may not be changed by will.(d) Except as provided in subdivisions (b) and (c), a multiple-party account created with community property funds does not in any way alter community property rights.(Amended by Stats. 1993, Ch. 219, Sec. 224.7. Effective January 1, 1994.)
CA Prob Code § 5306 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5306.

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 arises from the terms of the account or under Section 5302 unless the terms of the account or deposit agreement expressly provide for survivorship.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5307 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5307.

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 are married to each other and the account is expressly described in the account agreement as a “community property” account, the ownership of the account during lifetime and after the death of a spouse is governed by the law governing community property generally.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5401.

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 may be paid, on request and according to its terms, to any one or more of the parties or agents.(b) The terms of the account or deposit agreement may require the signatures of more than one of the parties to a multiple-party account during their lifetimes or of more than one of the survivors after the death of any one of them on any check, check endorsement, receipt, notice of withdrawal, request for withdrawal, or withdrawal order. In such case, the financial institution shall pay the sums on deposit only in accordance with such terms, but those terms do not limit the right of the sole survivor or of all of the survivors to receive the sums on deposit.(c) A financial institution is not required to do any of the following pursuant to Section 5301, 5303, or any other provision of this part:(1) Inquire as to the source of funds received for deposit to a multiple-party account, or inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.(2) Determine any party’s net contribution.(3) Limit withdrawals or any other use of an account based on the net contribution of any party, whether or not the financial institution has actual knowledge of each party’s contribution.(d) All funds in an account, unless otherwise agreed in writing by the financial institution and the parties to the account, remain subject to liens, security interests, rights of setoff, and charges, notwithstanding the determination or allocation of net contributions with respect to the parties.(Amended by Stats. 2012, Ch. 235, Sec. 3. (AB 1624) Effective January 1, 2013.)
CA Prob Code § 5402 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5402.

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 deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proof of death is presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Section 5302.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5403.

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. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that the deceased original payee was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5404 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5404.

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 the beneficiary has a vested interest not dependent upon surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that the deceased trustee was the survivor of all other persons named on the account either as trustee or beneficiary. A Totten trust account may be paid to a beneficiary or beneficiaries or the personal representative or heirs of a beneficiary or beneficiaries if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as trustees.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5405 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5405.

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 payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors.(b) The protection provided by subdivision (a) does not extend to payments made after the financial institution has been served with a court order restraining payment. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided by subdivision (a).(c) Unless the notice is withdrawn by a subsequent writing, after receipt of a written notice from any party that withdrawals in accordance with the terms of the account, other than a checking account, share draft account, or other similar third-party payment instrument, should not be permitted, except with the signatures of more than one of the parties during their lifetimes or of more than one of the survivors after the death of any one of the parties, the financial institution may only pay the sums on deposit in accordance with the written instructions pending determination of the rights of the parties or their successors. No liability shall attach to the financial institution for complying with the terms of any written notice provided pursuant to this subdivision.(d) The protection provided by this section has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts and is in addition to, and not exclusive of, any protection provided the financial institution by any other provision of law.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5406 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5406.

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 more other persons if the financial institution has no other or further notice in writing that the account is not a Totten trust account as defined in Section 80.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5407 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 4 - Protection of Financial Institution|Section 5407.

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 multiple-party account, payment may be made to the minor or to the minor’s order, and payment so made is a valid release and discharge of the financial institution, but this subdivision does not apply if the account is to be paid to the minor because the minor was designated as a P.O. D. payee or as a beneficiary of a Totten trust account.(b) In cases where subdivision (a) does not apply, payment shall be made pursuant to the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4), or as provided in Chapter 2 (commencing with Section 3400) of Part 8 of Division 4.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5680 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 4 - Effectuation of Transfer|Section 5680.

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 Division 2. For the purpose of this subdivision, the beneficiary is a person empowered by statute to act on behalf of the transferor or the transferor’s estate within the meaning of Section 103526 of the Health and Safety Code.(b) For the purpose of filing the change in ownership statement required by Section 480 of the Revenue and Taxation Code, the beneficiary is a transferee of real property by reason of death.(c) For the purpose of giving the notice to the Director of Health Care Services provided for in Section 215, the beneficiary is a beneficiary of the transferor.(d) The beneficiary is liable to the transferor’s estate for prorated estate and generation-skipping transfer taxes to the extent provided in Division 10 (commencing with Section 20100).(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5681 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 4 - Effectuation of Transfer|Section 5681.

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 the revocable transfer on death deed and a copy of the transferor’s death certificate.(b) The notice required by subdivision (a) shall be in substantially the following form:“NOTICE OF REVOCABLE TRANSFER ON DEATH DEEDThe enclosed revocable transfer on death deed was created by: [name of deceased transferor].It affects the following property: [description of property used on revocable transfer on death deed].It names the following beneficiaries: [beneficiary(ies) named on the revocable transfer on death deed].As a result of the death of [name of deceased transferor], the deed will transfer the described property to the named beneficiaries, without probate administration.If you believe that the revocable transfer on death deed is invalid and you wish to stop it from taking effect, you have only 120 days from the date of this notice to file a fully effective challenge. You should act promptly and may wish to consult an attorney.”(c) For the purposes of this section, if the beneficiary has actual knowledge of a final judicial determination of heirship for the deceased transferor, the beneficiary shall rely on that determination. Otherwise, the beneficiary shall have discretion to make a good faith determination, by any reasonable means, of the heirs of the transferor.(d) The beneficiary need not provide a copy of the notice to an heir who is either of the following:(1) Known to the beneficiary but who cannot be located by the beneficiary after reasonable diligence.(2) Unknown to the beneficiary.(e) The notice shall be served by any of the methods described in Section 1215 to the last known address.(f) If a revocable transfer on death deed names more than one beneficiary, only one of the beneficiaries is required to comply with this section.(g) (1) A beneficiary who fails to serve the notification required by this section on an heir who is not a beneficiary and whose identity is known to the beneficiary shall be responsible for all damages caused to the heir by the failure, unless the beneficiary shows that they made a reasonably diligent effort to comply. For purposes of this subdivision, “reasonably diligent effort” means that the beneficiary has delivered notice pursuant to Section 1215 to the heir at the heir’s last address actually known to the beneficiary.(2) A beneficiary is not liable under this subdivision if that beneficiary reasonably relied, in good faith, on another beneficiary’s statement that the other beneficiary would satisfy the requirements of this section. (3) A beneficiary is not to be held to the same standard as a fiduciary.(Added by Stats. 2021, Ch. 215, Sec. 23. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5682 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 4 - Effectuation of Transfer|Section 5682.

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 same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the transferor’s estate that had become final:(a) The person acted in good faith and for a valuable consideration.(b) An affidavit of death was recorded for the property under Chapter 2 (commencing with Section 210) of Part 4 of Division 2.(c) (1) An affidavit was recorded for the property, which contains a statement in substantially the following form: “I, [name of beneficiary], served the notice required by Probate Code Section 5681.”(2) If a revocable transfer on death deed names more than one beneficiary, only one beneficiary is required to comply with this subdivision.(Amended by Stats. 2021, Ch. 215, Sec. 24. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5690 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 5 - Contest|Section 5690.

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 validity of a transfer of property by a revocable transfer on death deed.(2) An action to contest the validity of a transfer of property by a revocable transfer on death deed may be filed by the transferor’s personal representative or an interested person under Part 19 (commencing with Section 850) of Division 2.(3) An action to contest the validity of a revocation of a revocable transfer on death deed may be filed by the transferor’s personal representative or a beneficiary of the revoked deed under Part 19 (commencing with Section 850) of Division 2. If the contest is successful, the court shall determine the appropriate remedy, which may include revival of the revoked deed. In deciding the remedy, the court shall attempt to effectuate the intentions of the transferor.(b) The proper county for a contest proceeding is the proper county for proceedings concerning administration of the transferor’s estate, whether or not proceedings concerning administration of the transferor’s estate have been commenced at the time of the contest.(c) On commencement of a contest proceeding, the contestant may record a lis pendens in the county in which the revocable transfer on death deed is recorded.(d) In a contest proceeding, each subscribing witness of the revocable transfer on death deed shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the deed.(Amended by Stats. 2021, Ch. 215, Sec. 25. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5692 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 5 - Contest|Section 5692.

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 period, a contest proceeding accrues on the date of the transferor’s death.(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5694 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 5 - Contest|Section 5694.

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 following relief:(a) If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it.(b) If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.(Amended by Stats. 2021, Ch. 215, Sec. 26. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5696 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 5 - Contest|Section 5696.

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 property by a revocable transfer on death deed.(b) Notwithstanding subdivision (a) of Section 5692, the conservator or guardian of a transferor may, before the transferor’s death, petition the court for invalidation of a revocable transfer on death deed executed by the transferor.(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5698 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 5 - Contest|Section 5698.

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 by means of fraud, undue influence, menace, or duress, including, but not limited to, Section 368 of the Penal Code and Sections 15656 and 15657.5 of the Welfare and Institutions Code.(Added by Stats. 2021, Ch. 215, Sec. 27. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 6100 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 1 - General Provisions|Section 6100.

6100.  (a) An individual 18 or more years of age who is of sound mind may make a will.(b) A conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580. Nothing in this section shall impair the right of a conservatee who is mentally competent to make a will from revoking or amending a will made by the conservator or making a new and inconsistent will.(Amended by Stats. 1995, Ch. 730, Sec. 7. Effective January 1, 1996.)