Death Deeds in California

Article 1 deals with general provisions. Section 5650 provides that, during the transferor’s life, execution and recordation of a revocable transfer on death deed does not do three specified actions.

Section 5652 states that a revocable transfer on death deed transfers all of the transferor’s interest in the property on the transferor’s death according to four specified rules.

Section 5654 states that, for the purpose of determination of eligibility for health care, execution and recordation of a revocable transfer on death deed is not a lifetime transfer of the property. 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.

Section 5658 provides that 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 two specified circumstances.

Section 5659 says that 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.

Article 2 deals with instruments and forms of tenure. Section 5660 provides that, 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, then two specified actions occur.

Section 5664 states that, 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.

Section 5666 applies specified laws to a revocable transfer on death deed of community property.

Section 5668 explains that 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.