DIVISION 5. NONPROBATE TRANSFERS 5000-5705›PART 4. REVOCABLE TRANSFER ON DEATH DEED 5600-5696›CHAPTER 3. Effect 5650-5676›ARTICLE 2. Other Instruments and Forms of Tenure 5660-5668
§ 5660
California Probate Code · 2018-11 edition · updated 2026-10-04 · California
If a revocable transfer on death deed recorded on or before 60 days after the date it was executed and another instrument both purport to dispose of the same property:
(a) If the other instrument is not recorded before the transferor’s death, the revocable transfer on death deed is the operative instrument.
(b) If the other instrument is recorded before the transferor’s death and 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.
(c) If the other instrument is recorded before the transferor’s death and makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.
(Added by Stats. 2015, Ch. 293, Sec. 17. (AB 139) Effective January 1, 2016. Repealed as of January 1, 2021, pursuant to Section 5600.)
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