Cal. Prob. Code § 5660
Other Instruments and Forms of Tenure
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
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 a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property: (1) If the other instrument 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. (2) If the other instrument makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.
(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.
(b) A claim that a revocable transfer on death deed is inoperative pursuant to this section shall be brought as a contest under Chapter 5 (commencing with Section 5690).
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.