reglab/statecodes huggingface dataset:
2023 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 of
Revocable Transfer on Death (TOD) Deed
(California Probate Code Section 5600)
Recording Requested By:
When Recorded Mail This Deed To
Name:
Address:
Assessor’s Parcel Number:Space Above For Recorder’s Use
This 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 EFFECTIVE
This 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 DESCRIPTION
Print the legal description of the property affected by this revocation:
REVOCATION
I revoke any TOD deed to transfer the described property that I executed before executing this form.
SIGNATURE AND DATE
Sign and print your name below (your name should exactly match the name shown on your title documents):
Date
WITNESSES
To 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 #2
Print and sign your name: Print and sign your name:
-------------------------------------- --------------------------------------
ACKNOWLEDGMENT OF NOTARY
A 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.)
2023 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.)
2023 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) Notwithstanding subdivision (b), an interest in a stock cooperative is transferred by a revocable transfer on death deed subject to any limitation on the transferor’s interest that is expressed in the governing documents of the stock cooperative or in a written agreement between the stock cooperative and the transferor, without regard for whether or not those instruments are recorded.
(d) If a stock cooperative exercises an option to purchase property transferred by a revocable transfer on death deed on the transferor’s death, the result is as follows:
(1) The property is transferred to the stock cooperative rather than the beneficiary.
(2) The purchase price is paid to the beneficiary. Unless the law or the governing documents of the stock cooperative provide otherwise, the purchase price is the fair market value of the property, less the amount of any liens or encumbrances on the property at the time of the owner’s death and less any amount that the decedent owed to the stock cooperative.
(e) A revocable transfer on death deed transfers the property without covenant or warranty of title.
(Amended by Stats. 2023, Ch. 62, Sec. 5. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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. (a) If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property:
(1) If the other instrument 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.
(2) If the other instrument makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.
(b) A claim that a revocable transfer on death deed is inoperative pursuant to this section shall be brought as a contest under Chapter 5 (commencing with Section 5690).
(Amended by Stats. 2023, Ch. 62, Sec. 6. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 DEED
The 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 5 - GIFTS IN VIEW OF IMPENDING DEATH › Section 5701.

5701. Except as provided in this part, a gift in view of impending death is subject to the general law relating to gifts of personal property.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 5 - GIFTS IN VIEW OF IMPENDING DEATH › Section 5702.

5702. (a) A gift in view of impending death is one which is made in contemplation, fear, or peril of impending death, whether from illness or other cause, and with intent that it shall be revoked if the giver recovers from the illness or escapes from the peril.
(b) A reference in a statute to a gift in view of death means a gift in view of impending death.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 5 - GIFTS IN VIEW OF IMPENDING DEATH › Section 5703.

5703. A gift made during the last illness of the giver, or under circumstances which would naturally impress the giver with an expectation of speedy death, is presumed to be a gift in view of impending death.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
2023 California Code › Probate Code - PROB › DIVISION 5 - NONPROBATE TRANSFERS › PART 5 - GIFTS IN VIEW OF IMPENDING DEATH › Section 5704.

5704. (a) A gift in view of impending death is revoked by:
(1) The giver’s recovery from the illness, or escape from the peril, under the presence of which it was made.
(2) The death of the donee before the death of the giver.
(b) A gift in view of impending death may be revoked by:
(1) The giver at any time.
(2) The giver’s will if the will expresses an intention to revoke the gift.
(c) A gift in view of impending death is not affected by a previous will of the giver.
(d) Notwithstanding subdivisions (a) and (b), when the gift has been delivered to the donee, the rights of a purchaser or encumbrancer, acting before the revocation in good faith, for a valuable consideration, and without knowledge of the conditional nature of the gift, are not affected by the revocation.
(Added by Stats. 1991, Ch. 1055, Sec. 18.)
2023 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.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6100.5.

6100.5. (a) An individual is not mentally competent to make a will if, at the time of making the will, either of the following is true:
(1) The individual does not have sufficient mental capacity to be able to do any of the following:
(A) Understand the nature of the testamentary act.
(B) Understand and recollect the nature and situation of the individual’s property.
(C) Remember and understand the individual’s relations to living descendants, spouse, and parents, and those whose interests are affected by the will.
(2) The individual suffers from a mental health disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual’s devising property in a way that, except for the existence of the delusions or hallucinations, the individual would not have done.
(b) This section does not supersede existing law relating to the admissibility of evidence to prove the existence of mental incompetence or mental health disorders.
(c) Notwithstanding subdivision (a), a conservator may make a will on behalf of a conservatee if the conservator has been authorized to do so by a court order pursuant to Section 2580.
(Amended by Stats. 2019, Ch. 9, Sec. 18. (AB 46) Effective January 1, 2020.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6101.

6101. A will may dispose of the following property:
(a) The testator’s separate property.
(b) The one-half of the community property that belongs to the testator under Section 100.
(c) The one-half of the testator’s quasi-community property that belongs to the testator under Section 101.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6102.

6102. A will may make a disposition of property to any person, including but not limited to any of the following:
(a) An individual.
(b) A corporation.
(c) An unincorporated association, society, lodge, or any branch thereof.
(d) A county, city, city and county, or any municipal corporation.
(e) Any state, including this state.
(f) The United States or any instrumentality thereof.
(g) A foreign country or a governmental entity therein.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6103.

6103. Except as otherwise specifically provided, Chapter 1 (commencing with Section 6100), Chapter 2 (commencing with Section 6110), Chapter 3 (commencing with Section 6120), Chapter 4 (commencing with Section 6130), Chapter 6 (commencing with Section 6200), and Chapter 7 (commencing with Section 6300) of this division, and Part 1 (commencing with Section 21101) of Division 11, do not apply where the testator died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the testator died before January 1, 1985.
(Amended by Stats. 2002, Ch. 138, Sec. 6. Effective January 1, 2003.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6104.

6104. The execution or revocation of a will or a part of a will is ineffective to the extent the execution or revocation was procured by duress, menace, fraud, or undue influence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 1 - General Provisions › Section 6105.

6105. A will, the validity of which is made conditional by its own terms, shall be admitted to probate or rejected, or denied effect after admission to probate, in conformity with the condition.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 2 - Execution of Wills › Section 6110.

6110. (a) Except as provided in this part, a will shall be in writing and satisfy the requirements of this section.
(b) The will shall be signed by one of the following:
(1) By the testator.
(2) In the testator’s name by some other person in the testator’s presence and by the testator’s direction.
(3) By a conservator pursuant to a court order to make a will under Section 2580.
(c) (1) Except as provided in paragraph (2), the will shall be witnessed by being signed, during the testator’s lifetime, by at least two persons each of whom (A) being present at the same time, witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will and (B) understand that the instrument they sign is the testator’s will.
(2) If a will was not executed in compliance with paragraph (1), the will shall be treated as if it was executed in compliance with that paragraph if the proponent of the will establishes by clear and convincing evidence that, at the time the testator signed the will, the testator intended the will to constitute the testator’s will.
(Amended by Stats. 2008, Ch. 53, Sec. 1. Effective January 1, 2009.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 2 - Execution of Wills › Section 6111.

6111. (a) A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
(b) If a holographic will does not contain a statement as to the date of its execution and:
(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.
(2) If it is established that the testator lacked testamentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
(c) Any statement of testamentary intent contained in a holographic will may be set forth either in the testator’s own handwriting or as part of a commercially printed form will.
(Amended by Stats. 1990, Ch. 710, Sec. 13. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 2 - Execution of Wills › Section 6111.5.

6111.5. Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear.
(Added by Stats. 1990, Ch. 710, Sec. 14. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 2 - Execution of Wills › Section 6112.

6112. (a) Any person generally competent to be a witness may act as a witness to a will.
(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.
(c) Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity.
(d) If a devise made by the will to an interested witness fails because the presumption established by subdivision (c) applies to the devise and the witness fails to rebut the presumption, the interested witness shall take such proportion of the devise made to the witness in the will as does not exceed the share of the estate which would be distributed to the witness if the will were not established. Nothing in this subdivision affects the law that applies where it is established that the witness procured a devise by duress, menace, fraud, or undue influence.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 2 - Execution of Wills › Section 6113.

6113. A written will is validly executed if its execution complies with any of the following:
(a) The will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200) (California statutory will) or Chapter 11 (commencing with Section 6380) (Uniform International Wills Act).
(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.
(c) The execution of the will complies with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6120.

6120. A will or any part thereof is revoked by any of the following:
(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.
(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6121.

6121. A will executed in duplicate or any part thereof is revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either (1) the testator or (2) another person in the testator’s presence and by the testator’s direction.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 6 - WILLS AND INTESTATE SUCCESSION › PART 1 - WILLS › CHAPTER 3 - Revocation and Revival › Section 6122.

6122. (a) Unless the will expressly provides otherwise, if after executing a will the testator’s marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:
(1) Any disposition or appointment of property made by the will to the former spouse.
(2) Any provision of the will conferring a general or special power of appointment on the former spouse.
(3) Any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian.
(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator’s remarriage to the former spouse.
(c) In case of revocation by dissolution or annulment:
(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2) Other provisions of the will conferring some power or office on the former spouse shall be interpreted as if the former spouse failed to survive the testator.
(d) For purposes of this section, dissolution or annulment means any dissolution or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 78. A decree of legal separation which does not terminate the status of spouses is not a dissolution for purposes of this section.
(e) Except as provided in Section 6122.1, no change of circumstances other than as described in this section revokes a will.
(f) Subdivisions (a) to (d), inclusive, do not apply to any case where the final judgment of dissolution or annulment of marriage occurs before January 1, 1985. That case is governed by the law in effect prior to January 1, 1985.
(Amended by Stats. 2016, Ch. 50, Sec. 86. (SB 1005) Effective January 1, 2017.)