California Probate Code 5664 – If, at the time of the transferor’s death, title to the property …
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If, at the time of the transferor‘s death, title to the property described in the revocable transfer on death deed is held in joint tenancy or as community property with right of survivorship, the revocable transfer on death deed is void. The transferor’s interest in the property is governed by the right of survivorship and not by the revocable transfer on death deed.
(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2032, pursuant to Section 5600.)
Terms Used In California Probate Code 5664
- Community property: means :
California Probate Code 28
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81