California Probate Code 5626 – (a) A revocable transfer on death deed is not effective unless …
(a) 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.
(b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s life.
Terms Used In California Probate Code 5626
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:
California Probate Code 24
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
(c) The beneficiary is not required to accept a revocable transfer on death deed from the transferor during the transferor’s life.
(d) (1) Subdivision (a) does not require the recordation of the “Common Questions” language that is specified in subdivision (b) of Section 5642. The failure to record that part of the statutory form has no effect on the effectiveness of a revocable transfer on death deed.
(2) (A) This subdivision applies to a revocable transfer on death deed executed on or after July 9, 2018.
(B) This subdivision applies to a revocable transfer on death deed executed before July 9, 2018, only if the transferor was alive on July 9, 2018.
(Amended by Stats. 2021, Ch. 215, Sec. 11. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)