(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following:

(1) Makes a donative transfer of real property to a named beneficiary.

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Terms Used In California Probate Code 5614

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81

(2) Operates on the transferor‘s death.

(3) Remains revocable until the transferor’s death.

(b) A revocable transfer on death deed may also be known as a “revocable TOD deed.”

(c) A revocable transfer on death deed may be used to transfer real property even if ownership of the property is not typically evidenced or transferred by use of a deed.

(Amended by Stats. 2023, Ch. 62, Sec. 2. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)