reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4781.2.

4781.2. (a) A health care provider shall treat an individual in accordance with a Physician Orders for Life Sustaining Treatment form.
(b) Subdivision (a) does not apply if the Physician Orders for Life Sustaining Treatment form requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(c) A physician may conduct an evaluation of the individual and, if possible, in consultation with the individual, or the individual’s legally recognized health care decisionmaker, issue a new order consistent with the most current information available about the individual’s health status and goals of care.
(d) The legally recognized health care decisionmaker of an individual without capacity shall consult with the physician who is, at that time, the individual’s treating physician prior to making a request to modify that individual’s Physician Orders for Life Sustaining Treatment form.
(e) An individual with capacity may, at any time, request alternative treatment to that treatment that was ordered on the form.
(Added by Stats. 2008, Ch. 266, Sec. 4. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4781.4.

4781.4. If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined in Section 4623, then, to the extent of the conflict, the most recent order or instruction is effective.
(Added by Stats. 2008, Ch. 266, Sec. 5. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4781.5.

4781.5. The legally recognized health care decisionmaker shall make health care decisions pursuant to this part in accordance with Sections 4684 and 4714.
(Added by Stats. 2008, Ch. 266, Sec. 6. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4782.

4782. A health care provider who honors a request regarding resuscitative measures is not subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, as a result of his or her reliance on the request, if the health care provider (a) believes in good faith that the action or decision is consistent with this part, and (b) has no knowledge that the action or decision would be inconsistent with a health care decision that the individual signing the request would have made on his or her own behalf under like circumstances.
(Amended by Stats. 2008, Ch. 266, Sec. 7. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4783.

4783. (a) Forms for requests regarding resuscitative measures printed after January 1, 1995, shall contain the following:
“By signing this form, the legally recognized health care decisionmaker acknowledges that this request regarding resuscitative measures is consistent with the known desires of, and with the best interest of, the individual who is the subject of the form.”
(b) A printed form substantially similar to that described in subparagraph (A) of paragraph (2) of subdivision (a) of Section 4780 is valid and enforceable if all of the following conditions are met:
(1) The form is signed by the individual, or the individual’s legally recognized health care decisionmaker, and a physician.
(2) The form directs health care providers regarding resuscitative measures.
(3) The form contains all other information required by this section.
(Amended by Stats. 2008, Ch. 266, Sec. 8. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4784.

4784. In the absence of knowledge to the contrary, a health care provider may presume that a request regarding resuscitative measures is valid and unrevoked.
(Amended by Stats. 2008, Ch. 266, Sec. 9. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4785.

4785. This part applies regardless of whether the individual executing a request regarding resuscitative measures is within or outside a hospital or other health care institution.
(Amended by Stats. 2008, Ch. 266, Sec. 10. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4786.

4786. This part does not repeal or narrow laws relating to health care decisionmaking.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4800.

4800. (a) The Secretary of State shall establish a registry system through which a person who has executed a written advance health care directive may register in a central information center, information regarding the advance directive, making that information available upon request to any health care provider, the public guardian, or the legal representative of the registrant. A request for information pursuant to this section shall state the need for the information.
(b) The Secretary of State shall respond by the close of business on the next business day to a request for information made pursuant to Section 4717 by the emergency department of a general acute care hospital.
(c) Information that may be received is limited to the registrant’s name, social security number, driver’s license number, or other individual identifying number established by law, if any, address, date and place of birth, the registrant’s advance health care directive, an intended place of deposit or safekeeping of a written advance health care directive, and the name and telephone number of the agent and any alternative agent. Information that may be released upon request may not include the registrant’s social security number except when necessary to verify the identity of the registrant.
(d) When the Secretary of State receives information from a registrant, the secretary shall issue the registrant an Advance Health Care Directive Registry identification card indicating that an advance health care directive, or information regarding an advance health care directive, has been deposited with the registry. Costs associated with issuance of the card shall be offset by the fee charged by the Secretary of State to receive and register information at the registry.
(e) The Secretary of State, at the request of the registrant or his or her legal representative, shall transmit the information received regarding the written advance health care directive to the registry system of another jurisdiction as identified by the registrant, or his or her legal representative.
(f) The Secretary of State shall charge a fee to each registrant in an amount such that, when all fees charged to registrants are aggregated, the aggregated fees do not exceed the actual cost of establishing and maintaining the registry.
(Amended by Stats. 2004, Ch. 882, Sec. 3. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4801.

4801. The Secretary of State shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information pursuant to Section 4800. No fee shall be charged to any health care provider, the public guardian, or other authorized person requesting information pursuant to Section 4800.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4802.

4802. The Secretary of State shall establish procedures to advise each registrant of the following:
(a) A health care provider may not honor a written advance health care directive until it receives a copy from the registrant.
(b) Each registrant must notify the registry upon revocation of the advance directive.
(c) Each registrant must reregister upon execution of a subsequent advance directive.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4803.

4803. Failure to register with the Secretary of State does not affect the validity of any advance health care directive.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4804.

4804. Registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant’s advance health care directive or a later executed advance directive, nor does registration raise any presumption of validity or superiority among any competing advance directives or revocations.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4805.

4805. Nothing in this part shall be construed to affect the duty of a health care provider to provide information to a patient regarding advance health care directives pursuant to any provision of federal law.
(Amended by Stats. 2004, Ch. 882, Sec. 4. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 5 - ADVANCE HEALTH CARE DIRECTIVE REGISTRY › Section 4806.

4806. (a) The Secretary of State shall work with the State Department of Health Services and the office of the Attorney General to develop information about end of life care, advance health care directives, and registration of the advance health care directives at the registry established pursuant to subdivision (a) of Section 4800. This information shall be developed utilizing existing information developed by the office of the Attorney General.
(b) Links to the information specified in subdivision (a) and to the registry shall be available on the Web sites of the Secretary of State, the State Department of Health Services, the office of the Attorney General, the Department of Managed Health Care, the Department of Insurance, the Board of Registered Nursing, and the Medical Board of California.
(Added by Stats. 2005, Ch. 434, Sec. 3. Effective January 1, 2006.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 1 - General Provisions › Section 5000.

5000. (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, revocable transfer on death deed, marital property agreement, or other written instrument of a similar nature is not invalid because the instrument does not comply with the requirements for execution of a will, and this code does not invalidate the instrument.
(b) Included within subdivision (a) are the following:
(1) A written provision that moneys or other benefits due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
(2) A written provision that moneys due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promisor before payment or demand.
(3) A written provision that any property controlled by or owned by the decedent before death that is the subject of the instrument shall pass to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
(c) Nothing in this section limits the rights of creditors under any other law.
(Amended by Stats. 2015, Ch. 293, Sec. 8. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 1 - General Provisions › Section 5002.

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, hold, or transfer the property in compliance with a provision for a nonprobate transfer on death executed by a person who has an interest in the property if either (1) the person is not authorized by the terms of the instrument to execute a provision for transfer of the property, or (2) the provision for transfer of the property does not otherwise satisfy the terms of the instrument.
(Added by Stats. 1992, Ch. 51, Sec. 4. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 1 - General Provisions › Section 5003.

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 transfer on death that satisfies the terms of the instrument, whether or not the transfer is consistent with the beneficial ownership of the property as between the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors, and whether or not the transfer is consistent with the rights of the person named as beneficiary.
(b) Except as provided in this subdivision, no notice or other information shown to have been available to the holder of the property affects the right of the holder to the protection provided by subdivision (a). The protection provided by subdivision (a) does not extend to a transfer made after either of the following events:
(1) The holder of the property has been served with a contrary court order.
(2) The holder of the property has been served with a written notice of a person claiming an adverse interest in the property. However, this paragraph does not apply to a pension plan to the extent the transfer is a periodic payment pursuant to the plan.
(c) The protection provided by this section does not affect the rights of the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors in disputes among themselves concerning the beneficial ownership of the property.
(d) The protection provided by this section is not exclusive of any protection provided the holder of the property by any other provision of law.
(e) A person shall not serve notice under paragraph (2) of subdivision (b) in bad faith. If the court in an action or proceeding relating to the rights of the parties determines that a person has served notice under paragraph (2) of subdivision (b) in bad faith, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the service.
(Amended by Stats. 2001, Ch. 417, Sec. 7. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5010.

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 provision.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5011.

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 following:
(a) The terms of the instrument under which the nonprobate transfer is made.
(b) A contrary state statute specifically applicable to the instrument under which the nonprobate transfer is made.
(c) A written expression of intent of a party in the provision for transfer of the property or in a written consent to the provision.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5012.

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 the person and spouse and their successors and does not affect the obligation of a holder of community property under an instrument of a type described in Section 5000 to hold, receive, or transfer the property in compliance with a provision for a nonprobate transfer on death, or the protection provided the holder by Section 5003.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5013.

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 3 of Division 2 or other instrument or agreement that affects a married person’s interest in community property.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5014.

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 person, regardless of whether the provision for transfer of the property was executed by the person, or written consent to the provision for transfer of the property was given by the person’s spouse, before, on, or after January 1, 1993.
(b) Subdivision (c) of Section 5030 does not apply, and the applicable law in effect on the date of death does apply, to revocation of a written consent given by a spouse who died before January 1, 1993.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 1 - General Provisions › Section 5015.

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 provision for a nonprobate transfer of community property on death.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 2 - Consent to Nonprobate Transfer › Section 5020.

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 effective as to the nonconsenting spouse’s interest in the property and (2) does not affect the nonconsenting spouse’s disposition on death of the nonconsenting spouse’s interest in the community property by will, intestate succession, or nonprobate transfer.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 2 - Consent to Nonprobate Transfer › Section 5021.

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 married person without the written consent of the person’s spouse, the court shall set aside the transfer as to the nonconsenting spouse’s interest in the property, subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons.
(b) Nothing in subdivision (a) affects any additional remedy the nonconsenting spouse may have against the person’s estate for a nonprobate transfer of community property on death without the spouse’s written consent.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 2 - Consent to Nonprobate Transfer › Section 5022.

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 transmutation of the consenting spouse’s interest in the property.
(b) This chapter does not apply to a spouse’s written consent to a provision for a nonprobate transfer of community property on death that satisfies Section 852 of the Family Code. Such a consent is a transmutation and is governed by the law applicable to transmutations.
(Amended by Stats. 1993, Ch. 219, Sec. 224.3. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 2 - Consent to Nonprobate Transfer › Section 5023.

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 beneficiary, or election of a different benefit or payment option. As used in this section, “modification” does not mean, and this section does not apply to, the exercise of a power of appointment under a trust.
(b) 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 and thereafter executes a modification of the provision for transfer of the property without written consent of the spouse, the modification is effective as to the person’s interest in the community property and has the following effect on the spouse’s interest in the community property:
(1) If the person executes the modification during the spouse’s lifetime, the modification revokes the spouse’s previous written consent to the provision for transfer of the property.
(2) If the person executes the modification after the spouse’s death, the modification does not affect the spouse’s previous written consent to the provision for transfer of the property, and the spouse’s interest in the community property is subject to the nonprobate transfer on death as consented to by the spouse.
(3) If a written expression of intent of a party in the provision for transfer of the property or in the written consent to the provision for transfer of the property authorizes the person to execute a modification after the spouse’s death, the spouse’s interest in the community property is deemed transferred to the married person on the spouse’s death, and the modification is effective as to both the person’s and the spouse’s interests in the community property.
(Amended by Stats. 1993, Ch. 527, Sec. 3. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 3 - Revocation of Consent › Section 5030.

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 the marriage by dissolution or on legal separation, the written consent is revocable and the community property is subject to division under Division 7 (commencing with Section 2500) of the Family Code or other disposition on order within the jurisdiction of the court.
(c) On the death of either spouse, the written consent is irrevocable.
(Amended by Stats. 1993, Ch. 219, Sec. 224.5. Effective January 1, 1994.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 3 - Revocation of Consent › Section 5031.

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 consenting spouse may revoke the consent by a writing, including a will, that identifies the provision for transfer of the property being revoked, and that is served on the married person before the married person’s death.
(b) Revocation of a spouse’s written consent to a provision for a nonprobate transfer of community property on death does not affect the authority of the holder of the property to transfer the property in compliance with the provision for transfer of the property to the extent provided in Section 5003.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 2 - Nonprobate Transfers of Community Property › ARTICLE 3 - Revocation of Consent › Section 5032.

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 had not been given.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 3 - Nonprobate Transfer to Former Spouse › Section 5040.

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 during the marriage or registered domestic partnership, fails if, at the time of the transferor’s death, the former spouse is not the transferor’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or termination of registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.
(b) Subdivision (a) does not cause a nonprobate transfer to fail in any of the following cases:
(1) The nonprobate transfer is not subject to revocation by the transferor at the time of the transferor’s death.
(2) There is clear and convincing evidence that the transferor intended to preserve the nonprobate transfer to the former spouse.
(3) A court order that the nonprobate transfer be maintained on behalf of the former spouse is in effect at the time of the transferor’s death.
(c) Where a nonprobate transfer fails by operation of this section, the instrument making the nonprobate transfer shall be treated as it would if the former spouse failed to survive the transferor.
(d) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on the apparent failure of a nonprobate transfer under this section or who lacks knowledge of the failure of a nonprobate transfer under this section.
(e) As used in this section, “nonprobate transfer” means a provision, other than a provision of a life insurance policy, of either of the following types:
(1) A provision of a type described in Section 5000.
(2) A provision in an instrument that operates on death, other than a will, conferring a power of appointment or naming a trustee.
(Amended by Stats. 2016, Ch. 50, Sec. 83. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 3 - Nonprobate Transfer to Former Spouse › Section 5042.

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 registered domestic partnership, is severed as to the decedent’s interest if, at the time of the decedent’s death, the former spouse is not the decedent’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.
(b) Subdivision (a) does not sever a joint tenancy in either of the following cases:
(1) The joint tenancy is not subject to severance by the decedent at the time of the decedent’s death.
(2) There is clear and convincing evidence that the decedent intended to preserve the joint tenancy in favor of the former spouse.
(c) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on an apparent severance under this section or who lacks knowledge of a severance under this section.
(d) For purposes of this section, property held in “joint tenancy” includes property held as community property with right of survivorship, as described in Section 682.1 of the Civil Code.
(Amended by Stats. 2016, Ch. 50, Sec. 84. (SB 1005) Effective January 1, 2017.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 3 - Nonprobate Transfer to Former Spouse › Section 5044.

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 declaration under penalty of perjury under the laws of this state that states all of the following:
(1) The name of the decedent.
(2) The date and place of the decedent’s death.
(3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship.
(4) Either of the following, as appropriate:
(A) The affiant or declarant is the surviving spouse of the decedent.
(B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042.
(b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration.
(c) An affidavit or declaration made pursuant to subdivision (a) may be recorded.
(Added by renumbering Section 5602 by Stats. 2015, Ch. 293, Sec. 14. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 3 - Nonprobate Transfer to Former Spouse › Section 5046.

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 a beneficiary on any nonprobate transfer described in this chapter, or to preserve a joint tenancy in favor of the former spouse.
(Added by renumbering Section 5603 by Stats. 2015, Ch. 293, Sec. 15. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH › CHAPTER 3 - Nonprobate Transfer to Former Spouse › Section 5048.

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 applies to an instrument making a nonprobate transfer or creating a joint tenancy whether executed before, on, or after the operative date of this chapter.
(c) Sections 5040 and 5042 do not apply, and the applicable law in effect before the operative date of this chapter applies, to an instrument making a nonprobate transfer or creating a joint tenancy in either of the following circumstances:
(1) The person making the nonprobate transfer or creating the joint tenancy dies before the operative date of this chapter.
(2) The dissolution of marriage or other event that terminates the status of the nonprobate transfer beneficiary or joint tenant as a surviving spouse occurs before the operative date of this chapter.
(Added by renumbering Section 5604 by Stats. 2015, Ch. 293, Sec. 16. (AB 139) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 1 - Short Title › Section 5100.

5100. This part may be cited as the California Multiple-Party Accounts Law.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5120.

5120. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5122.

5122. (a) “Account” means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account, and other like arrangement.
(b) “Account” does not include:
(1) An account established for deposit of funds of a partnership, joint venture, or other association for business purposes.
(2) An account controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, or charitable or civic organization.
(3) A regular fiduciary or trust account where the relationship is established other than by deposit agreement.
(4) An account established for the deposit of funds of the estate of a ward, conservatee, or decedent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5124.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5126.

5126. “Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5128.

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 Financial Code.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5130.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5132.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5134.

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, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party.
(2) A pro rata share of any interest or dividends earned, whether or not included in the current balance.
(3) Any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.
(b) In the absence of proof otherwise:
(1) Only parties who have a present right of withdrawal shall be considered as having a net contribution.
(2) The net contribution of each of the parties having a present right of withdrawal is deemed to be an equal amount.
(c) It is the intent of the Legislature in enacting this section to provide a definition for the purpose of determining ownership interests in an account as between the parties to the account, and not as between the parties and the financial institution.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5136.

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 agent.
(b) A P.O.D. payee is a party, by reason of being a P.O.D. payee, only after the account becomes payable to the payee by reason of surviving all persons named as original payees.
(c) A beneficiary of a Totten trust account is a party, by reason of being a beneficiary, only after the account becomes payable to the beneficiary by reason of surviving all persons named as trustees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5138.

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 deposit.
(c) A setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5140.

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 more P.O.D. payees.
(b) An account payable on request to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5142.

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.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5144.

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 facie evidence of death under Section 103550 of the Health and Safety Code, Sections 1530 to 1532, inclusive, of the Evidence Code, or another statute of this state.
(Amended by Stats. 1996, Ch. 1023, Sec. 400. Effective September 29, 1996.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5146.

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 this part when it is received by the particular office or branch office of the financial instutition where the account is carried.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5148.

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 requirements concerning necessary signatures) and regulations of the financial institution; but, if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5150.

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 current balance.
(b) Any life insurance proceeds added to the account by reason of the death of a party.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 1 - Short Title and Definitions › ARTICLE 2 - Definitions › Section 5152.

5152. “Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 2 - General Provisions › Section 5201.

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 beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts.
(b) The provisions of Chapter 4 (commencing with Section 5401) govern the liability of financial institutions who make payments pursuant to that chapter.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 2 - MULTIPLE-PARTY ACCOUNTS › CHAPTER 2 - General Provisions › Section 5203.

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, executed before, on, or after July 1, 1990, create the following accounts:
(1) Joint account: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s).”
(2) P.O.D. account with single party: “This account or certificate is owned by the named party. Upon the death of that party, ownership passes to the named pay-on-death payee(s).”
(3) P.O.D. account with multiple parties: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Upon the death of all of them, ownership passes to the named pay-on-death payee(s).”
(4) Joint account of spouses with right of survivorship: “This account or certificate is owned by the named parties, who are spouses, and is presumed to be their community property. Upon the death of either of them, ownership passes to the survivor.”
(5) Community property account of spouses: “This account or certificate is the community property of the named parties who are spouses. The ownership during lifetime and after the death of a spouse is determined by the law applicable to community property generally and may be affected by a will.”
(6) Tenancy in common account: “This account or certificate is owned by the named parties as tenants in common. Upon the death of any party, the ownership interest of that party passes to the named pay-on-death payee(s) of that party or, if none, to the estate of that party.”
(b) Use of the form language provided in this section is not necessary to create an account that is governed by this part. If the contract of deposit creates substantially the same relationship between the parties as an account created using the form language provided in this section, this part applies to the same extent as if the form language had been used.
(Amended by Stats. 2016, Ch. 50, Sec. 85. (SB 1005) Effective January 1, 2017.)