Skip to content

DIVISION 5. NONPROBATE TRANSFERS 5000-5705›PART 1. PROVISIONS RELATING TO EFFECT OF DEATH 5000-5048›CHAPTER 3. Nonprobate Transfer to Former Spouse 5040-5048

§ 5048

California Probate Code · 2026-09 edition · updated 2026-10-03 · California

(a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002.

(b) Except as provided in subdivision (c), this chapter applies to an instrument making a nonprobate transfer or creating a joint tenancy whether executed before, on, or after the operative date of this chapter.

(c) Sections 5040 and 5042 do not apply, and the applicable law in effect before the operative date of this chapter applies, to an instrument making a nonprobate transfer or creating a joint tenancy in either of the following circumstances:

(1) The person making the nonprobate transfer or creating the joint tenancy dies before the operative date of this chapter.

(2) The dissolution of marriage or other event that terminates the status of the nonprobate transfer beneficiary or joint tenant as a surviving spouse occurs before the operative date of this chapter.

(Added by renumbering Section 5604 by Stats. 2015, Ch. 293, Sec. 16. (AB 139) Effective January 1, 2016.)

Get a plain-English answer with a citation back to this text.

Ask AI about this code
▸Contents — California Probate Code

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.