Civ. Code, § 682.1 · Article 1. Interests in Property
Civ. Code, § 682.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) Community property of spouses, when expressly declared in the transfer document to be community property with right of survivorship, and which may be accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall, upon the death of one of the spouses, pass to the survivor, without administration, pursuant to the terms of the instrument, subject to the same procedures, as property held in joint tenancy. Prior to the death of either spouse, the right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed.
(2) Part 1 (commencing with Section 5000) of Division 5 of the Probate Code and Chapter 2 (commencing with Section 13540), Chapter 3 (commencing with Section 13550), and Chapter 3.5 (commencing with Section 13560) of Part 2 of Division 8 of the Probate Code apply to this property.
(3) For the purposes of Chapter 3 (commencing with Section 13550) of Part 2 of Division 8 of the Probate Code, this property shall be treated as if it had passed without administration under Part 2 (commencing with Section 13500) of Division 8 of the Probate Code.
(b) This section does not apply to a joint account in a financial institution to which Part 2 (commencing with Section 5100) of Division 5 of the Probate Code applies.
(c) This section shall become operative on July 1, 2001, and shall apply to instruments created on or after that date.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 29, Sec. 1. (AB 1716) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=682.1.
- Text hash
- sha256 3c46679a703dbb1264735d67f011cf1a93bf1bbb4cd65ef312784ffc9f62fabc
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
- Prob. Code, div. 5, pt. 1PROVISIONS RELATING TO EFFECT OF DEATHPrinted as Part 1 (commencing with Section 5000) of Division 5 of the Probate Code
- Prob. Code, div. 5, pt. 2MULTIPLE-PARTY ACCOUNTSPrinted as Part 2 (commencing with Section 5100) of Division 5 of the Probate Code
- Prob. Code, div. 8, pt. 2PASSAGE OF PROPERTY TO SURVIVING SPOUSE WITHOUT ADMINISTRATIONPrinted as Part 2 (commencing with Section 13500) of Division 8 of the Probate Code
- Prob. Code, div. 8, pt. 2, ch. 2Right of Surviving Spouse to Dispose of PropertyPrinted as Chapter 2 (commencing with Section 13540) … of the Probate Code
- Prob. Code, div. 8, pt. 2, ch. 3Liability for Debts of Deceased SpousePrinted as Chapter 3 (commencing with Section 13550) of Part 2 of Division 8 of the Probate Code | Chapter 3 (commencing with Section 13550) … of the Probate Code
- Prob. Code, div. 8, pt. 2, ch. 3.5Liability for Decedent’s PropertyPrinted as Chapter 3.5 (commencing with Section 13560) of Part 2 of Division 8 of the Probate Code
Cited by 1 provision
Provisions in this library whose text cites Civ. Code, § 682.1. Each shows the citation as that text prints it.
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