Revocable Transfers on Death Deeds

Probate Code Division 5, Part 4 deals with revocable transfers on death deeds regarding nonprobate transfers. Article 1 of Chapter 1 contains general provisions.

Section 5604 provides that nothing in this part affects the application to a revocable transfer on death deed of any other statute governing a nonprobate transfer on death, including the specified provisions that by its terms or intent would apply to a nonprobate transfer on death.

Section 5605 requires the California Law Revision Commission to study the effect of California’s revocable transfer on death deed and make recommendations for improvement of this part. The commission also has to report all of its findings and recommendations to the Legislature on or before January 1, 2031.

Article 2 deals with definitions. Section 5606 provides that the definitions in this article govern the construction of this part.

Section 5608 defines the term “beneficiary.”

Section 5610 defines the term “real property.”

Section 5612 defines the term “recorded.”

Section 5614 defines the term “revocable transfer on death deed.”

Section 5614.5 defines the term “stock cooperative.”

Section 5615 defines the term “subscribing witness.”

Section 5616 defines the term “transferor.”

Section 5618 defines the term “unsecured debts.”

Article 1 of Chapter 2 deals with the execution and revocation of death deeds. Section 5620 provides that an owner of real property who has the capacity to contract may make a revocable transfer on death deed of the property.

Section 5622 requires the transferor to identify the beneficiary by name in a revocable transfer on death deed.

Section 5624 says that a revocable transfer on death deed is not effective unless all three of the specified conditions are satisfied.

Section 5625 states that any person generally competent to be a witness may act as a witness to a revocable transfer on death deed. A revocable transfer on death deed is not invalid because it is signed by an interested witness.

Section 5626 provides that a revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was acknowledged before a notary. The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s life. The beneficiary is not required to accept a revocable transfer on death deed from the transferor during the transferor’s life.

Section 5628 states that, if a revocable transfer on death deed is recorded for the same property for which another revocable transfer on death deed is recorded, the later executed deed is the operative instrument and its recordation revokes the earlier executed deed.

Article 2 deals with revocation. Section 5630 allows a transferor who has the capacity to contract to revoke a revocable transfer on death deed at any time.

Section 5632 provides that an instrument revoking a revocable transfer on death deed is to be executed and recorded in the same manner as execution and recordation of a revocable transfer on death deed.