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Cal. Prob. Code § 5022

Consent to Nonprobate Transfer

Applied in 1 court decision — leading case 28 Cal. App. 4th 1742 - Estate of Petersen (1994)

Most recently applied in 28 Cal. App. 4th 1742 - Estate of Petersen (October 1994)

Amended by Stats. 1993, Ch. 219, Sec. 224.3

(a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest in the property.

(b) This chapter does not apply to a spouse’s written consent to a provision for a nonprobate transfer of community property on death that satisfies Section 852 of the Family Code. Such a consent is a transmutation and is governed by the law applicable to transmutations.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.