California Probate Code 5660 – (a) If a revocable transfer on death deed recorded on or before …
(a) 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:
(1) If the other instrument makes a revocable disposition of the property, the later executed of the revocable transfer on death deed or the other instrument is the operative instrument.
Terms Used In California Probate Code 5660
- 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
(2) If the other instrument makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.
(b) A claim that a revocable transfer on death deed is inoperative pursuant to this section shall be brought as a contest under Chapter 5 (commencing with Section 5690).
(Amended by Stats. 2023, Ch. 62, Sec. 6. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.)