Prob. Code, § 5625 · Article 1. Execution
Prob. Code, § 5625
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.
(b) A revocable transfer on death deed is not invalid because it is signed by an interested witness.
(c) If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.
Notes and commentary — not statutory text
History
Added by Stats. 2021, Ch. 215, Sec. 10. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.
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=PROB§ionNum=5625.
- Text hash
- sha256 4a286a2a5bca77bda6aadaf068781a615613b2ecb0269c96bb8e368d20192323
- 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
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.