A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person’s spouse (1) is not effective as to the nonconsenting spouse’s interest in the property and (2) does not affect the nonconsenting spouse’s disposition on death of the nonconsenting spouse’s interest in the community property by will, intestate succession, or nonprobate transfer.
Cal. Prob. Code § 5020
Consent to Nonprobate Transfer
Applied in 2 court decisions — leading case Emard v. Hughes Aircraft Co. (1998)
Most recently applied in Barnett v. Barnett (February 2002)
Added by Stats. 1992, Ch. 51, Sec. 6
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.