Prob. Code, § 5660 · Article 2. Other Instruments and Forms of Tenure
Prob. Code, § 5660
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
(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).
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 62, Sec. 6. (AB 288) Effective January 1, 2024. Repealed as of January 1, 2032, pursuant to Section 5600.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=5660.
- Text hash
- sha256 8b72fa2e967d729a60c6ba767ccaf3534c8aecf3bf3b08110ecf500f81bb2b20
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- 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
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