reglab/housing_qa huggingface dataset:
CA Prob Code § 5644 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 2 - Execution and Revocation|ARTICLE 3 - Statutory Forms|Section 5644.

5644.  A transferor may revoke a revocable transfer on death deed by an instrument in substantially the following form:Revocation ofRevocable Transfer on Death (TOD) Deed(California Probate Code Section 5600)Recording Requested By:When Recorded Mail This Deed ToName:Address:Assessor’s Parcel Number:Space Above For Recorder’s UseThis deed revocation is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This deed revocation is exempt from preliminary change of ownership report under Rev. & Tax. Code § 480.3.IMPORTANT NOTICE: THIS FORM MUST BE RECORDED TO BE EFFECTIVEThis revocation form MUST be RECORDED on or before 60 days after the date it is notarized or it will not be effective. This revocation form only affects a transfer on death deed that YOU made. A transfer on death deed made by a co-owner of your property is not affected by this revocation form. A co-owner who wants to revoke a transfer on death deed that they made must complete and RECORD a SEPARATE revocation form.PROPERTY DESCRIPTIONPrint the legal description of the property affected by this revocation:REVOCATIONI revoke any TOD deed to transfer the described property that I executed before executing this form.SIGNATURE AND DATESign and print your name below (your name should exactly match the name shown on your title documents):Date WITNESSESTo be valid, this form must be signed by two persons, both present at the same time, who witness your signing of the form or your acknowledgment that it is your form. The signatures of the witnesses do not need to be acknowledged by a notary public.Witness #1  Witness #2Print and sign your name: Print and sign your name:-------------------------------------- --------------------------------------ACKNOWLEDGMENT OF NOTARYA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of California)County of )On ___________________________ before me, (here insert name and title of the officer), personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal.Signature ___________________________ (Seal)(Amended by Stats. 2021, Ch. 215, Sec. 14. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5650 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5650.

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 the transferor or the transferor’s agent or other fiduciary may convey, assign, contract, encumber, or otherwise deal with the property, and the property is subject to process of the transferor’s creditors, as if no revocable transfer on death deed were executed or recorded.(b) Does not create any legal or equitable right in the beneficiary, and the property is not subject to process of the beneficiary’s creditors.(c) Does not transfer or convey any right, title, or interest in the property.(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 § 5652 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5652.

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:(1) Subject to the beneficiary’s right to disclaim the transfer, the interest in the property is transferred to the beneficiary in accordance with the deed.(2) The interest of a beneficiary is contingent on the beneficiary surviving the transferor. Notwithstanding Section 21110, the interest of a beneficiary that fails to survive the transferor lapses.(3) Except as provided in paragraph (4), if there is more than one beneficiary, they take the property as tenants in common, in equal shares.(4) If there is more than one beneficiary, the share of a beneficiary that lapses or fails for any reason is transferred to the others in equal shares.(b) Property is transferred by a revocable transfer on death deed subject to any limitation on the transferor’s interest that is of record at the transferor’s death or that is recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded, including, but not limited to, a lien, encumbrance, easement, lease, or other instrument affecting the transferor’s interest, whether recorded before or after recordation of the revocable transfer on death deed. The holder of rights under that instrument may enforce those rights against the property notwithstanding its transfer by the revocable transfer on death deed. An enforceable restriction on the use of the transferred property does not affect the transfer of title to the property by a revocable transfer on death deed.(c) A revocable transfer on death deed transfers the property without covenant or warranty of title.(Amended by Stats. 2021, Ch. 215, Sec. 15. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5654 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5654.

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 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, execution and recordation of a revocable transfer on death deed is not a lifetime transfer of the property.(b) Property transferred by a revocable transfer on death deed is subject to claims of the State Department of Health Care Services to the extent authorized by law.(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 § 5656 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5656.

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 of, or revocation of, a revocable transfer on death deed of real property is not a change in ownership of the property and does not require declaration or payment of a documentary transfer tax or filing of a preliminary change of ownership report.(b) Transfer of real property on the death of the transferor by a revocable transfer on death deed is a change in ownership of the property.(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 § 5658 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5658.

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, apply the doctrine of cy pres to reform a revocable transfer on death deed that was made by the transferor for a charitable purpose, in either of the following circumstances:(a) The beneficiary does not accept the gift.(b) The beneficiary is a legal entity that dissolved or was merged into another entity before the transferor’s death. (Added by Stats. 2021, Ch. 215, Sec. 16. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5659 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 1 - General Provisions|Section 5659.

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 can be determined by a court. The general law that governs judicial construction or reformation of an error or ambiguity in a deed applies to a revocable transfer on death deed. (Added by Stats. 2021, Ch. 215, Sec. 17. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5660 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 2 - Other Instruments and Forms of Tenure|Section 5660.

5660.  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 purport to dispose of the same property:(a) If the other instrument is not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded, the revocable transfer on death deed is the operative instrument.(b) If the other instrument is recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded and makes a revocable disposition of the property, the later executed of the revocable transfer on death deed or the other instrument is the operative instrument.(c) If the other instrument is recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded and makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.(Amended by Stats. 2021, Ch. 215, Sec. 18. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5664 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 2 - Other Instruments and Forms of Tenure|Section 5664.

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 property with right of survivorship, the revocable transfer on death deed is void. The transferor’s interest in the property is governed by the right of survivorship and not by the revocable transfer on death deed.(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 § 5666 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 2 - Other Instruments and Forms of Tenure|Section 5666.

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 of Chapter 2 (commencing with Section 5010) of Part 1 to a revocable transfer on death deed of community property, written consent to the deed, revocation of written consent to the deed, or modification of the deed, is ineffective unless recorded within the time required by that chapter for execution or service of the written consent, revocation, or modification.(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 § 5668 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 2 - Other Instruments and Forms of Tenure|Section 5668.

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 of community property.(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 § 5670 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 3 - Creditors|Section 5670.

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 death by an encumbrance or lien of record on property transferred by a revocable transfer on death deed has priority against the property over a creditor of the beneficiary, regardless of whether the beneficiary’s obligation was created before or after the transferor’s death and regardless of whether the obligation is secured or unsecured, voluntary or involuntary, recorded or unrecorded.(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 § 5672 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 3 - Creditors|Section 5672.

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 the beneficiary in the same manner as it could have been enforced against the transferor if the transferor had not died. In any action based on the debt, the beneficiary may assert any defense, cross-complaint, or setoff that would have been available to the transferor if the transferor had not died. Nothing in this section permits enforcement of a claim that is barred under Part 4 (commencing with Section 9000) of Division 7. Section 366.2 of the Code of Civil Procedure applies in an action under this section.(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 § 5674 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 3 - Creditors|Section 5674.

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 the requirements of Section 5677 or 5678. (b) The personal liability of a beneficiary under Section 5672 shall not exceed the fair market value at the time of the transferor’s death of the property received by the beneficiary pursuant to the revocable transfer on death deed, less the amount of any liens and encumbrances on the property at that time.(Amended by Stats. 2021, Ch. 215, Sec. 19. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5677 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 3 - Creditors|Section 5677.

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 the estate for a share of the transferor’s unsecured debts.(b) In calculating the beneficiary’s share of liability under subdivision (a), the abatement rules provided in Part 4 (commencing with Section 21400) of Division 11 shall be applied, using all of the following assumptions:(1) The property that was transferred to the beneficiary by revocable transfer on death deed shall be treated as if it were a specific gift made by the decedent’s will.(2) The value of the property received by the beneficiary pursuant to the revocable transfer on death deed shall be deemed to be the fair market value of the property at the time of the transferor’s death, less the amount of any liens and encumbrances on the property at that time.(3) Any unsecured debts of the transferor that were paid by the beneficiary pursuant to Section 5672 shall be treated as if they were claims made against the transferor’s estate.(c) The personal representative shall provide a written statement of liability to the beneficiary, which specifies the amount that must be paid to the estate.(d) The beneficiary is personally liable to the estate for the amount specified in the statement of liability. Any amount that the beneficiary paid toward the unsecured debts of the transferor pursuant to Section 5672 shall be credited against the amount that the beneficiary owes the estate under this subdivision. If the amount that the beneficiary paid pursuant to Section 5672 exceeds the amount specified in the written statement of liability, the estate shall reimburse the difference to the beneficiary. For the purposes of Section 11420, this reimbursement shall be deemed an expense of administration.(e) In the event that the beneficiary and the personal representative cannot agree on the reimbursement or liability due under this section, the beneficiary or personal representative may petition the court for an order determining the amount of the reimbursement or liability.(f) The reasonable cost of proceeding under this section shall be reimbursed as an extraordinary service under Sections 10801 and 10811. The beneficiary is liable for the payment of that cost, which shall be separately identified in the statement of liability. (Added by Stats. 2021, Ch. 215, Sec. 21. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 5678 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 4 - REVOCABLE TRANSFER ON DEATH DEED|CHAPTER 3 - Effect|ARTICLE 3 - Creditors|Section 5678.

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 transfer on death deed may voluntarily return that property to the transferor’s estate for administration.(b) Property returned to the transferor’s estate under this section shall be treated as if it had been specifically devised to the beneficiary by the transferor.(c) If the beneficiary’s action or inaction increased the value of property returned to the estate or decreased the estate’s obligations, the estate shall reimburse the beneficiary by the same amount. Actions or inaction that increase the value of returned property or decrease the estate’s obligations include, but are not necessarily limited to, the following actions:(1) A payment toward an unsecured debt of the decedent.(2) A payment toward a debt secured against the returned property.(3) A significant improvement of the returned property that increased the fair market value of the property.(d) If the beneficiary’s action or inaction decreased the value of property returned to the estate or increased the estate’s obligations, the beneficiary is personally liable to the estate for that amount. Actions or inaction that decrease the value of the returned property or increase the estate’s obligations include, but are not necessarily limited to, the following actions or inaction:(1) An action or inaction that resulted in a lien or encumbrance being recorded against the property.(2) The receipt of income from the property, if that income would have accrued to the estate had the property not been transferred to the beneficiary.(e) The personal representative shall provide the beneficiary a written statement of any reimbursement or liability under this section, along with a statement of the reasons for the reimbursement or liability. For the purposes of Section 11420, any reimbursement under this section shall be deemed an expense of administration.(f) In the event that the beneficiary and the personal representative cannot agree on the reimbursement or liability due under this section, the beneficiary or personal representative may petition the court for an order determining the amount of the reimbursement or liability. In making a decision under this subdivision, the court should consider the surrounding circumstances, including whether the parties acted in good faith and whether a particular result would impose an unfair burden on the beneficiary or the estate. (Added by Stats. 2021, Ch. 215, Sec. 22. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)
CA Prob Code § 6200 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6200.

6200.  Unless the provision or context clearly requires otherwise, these definitions and rules of construction govern the construction of this chapter.(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
CA Prob Code § 6201 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6201.

6201.  “Testator” means a person choosing to adopt a California statutory will.(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
CA Prob Code § 6203 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6203.

6203.  “Executor” means both the person so designated in a California statutory will and any other person acting at any time as the executor or administrator under a California statutory will.(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
CA Prob Code § 6204 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6204.

6204.  “Trustee” means both the person so designated in a California statutory will and any other person acting at any time as the trustee under a California statutory will.(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)
CA Prob Code § 6205 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6205.

6205.  “Descendants” mean children, grandchildren, and their lineal descendants of all generations, with the relationship of parent and child at each generation being determined as provided in Section 21115. A reference to “descendants” in the plural includes a single descendant where the context so requires.(Amended by Stats. 2002, Ch. 138, Sec. 7. Effective January 1, 2003.)
CA Prob Code § 6206 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 1 - WILLS|CHAPTER 6 - California Statutory Will|ARTICLE 1 - Definitions and Rules of Construction|Section 6206.

6206.  A reference in a California statutory will to the “Uniform Gifts to Minors Act of any state” or the “Uniform Transfers to Minors Act of any state” includes both the Uniform Gifts to Minors Act of any state and the Uniform Transfers to Minors Act of any state. A reference to a “custodian” means the person so designated in a California statutory will or any other person acting at any time as a custodian under a Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.(Repealed and added by Stats. 1991, Ch. 1055, Sec. 20.)