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DIVISION 5. NONPROBATE TRANSFERS 5000-5705›PART 4. REVOCABLE TRANSFER ON DEATH DEED 5600-5698›CHAPTER 4. Effectuation of Transfer 5680-5682

§ 5682

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

If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the transferor’s estate that had become final:

(a) The person acted in good faith and for a valuable consideration.

(b) An affidavit of death was recorded for the property under Chapter 2 (commencing with Section 210) of Part 4 of Division 2.

(c) (1) An affidavit was recorded for the property, which contains a statement in substantially the following form: “I, [name of beneficiary], served the notice required by Probate Code Section 5681.”

(2) If a revocable transfer on death deed names more than one beneficiary, only one beneficiary is required to comply with this subdivision.

(Amended by Stats. 2021, Ch. 215, Sec. 24. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.)

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California Probate Code

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