California Probate Code 5011 – Notwithstanding any other provision of this part, the rights of the …
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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.
Terms Used In California Probate Code 5011
- Community property: means :
California Probate Code 28
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
- Statute: A law passed by a legislature.
(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.)