Prob. Code, § 5682 · Chapter 4. Effectuation of Transfer
Prob. Code, § 5682
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the transferor’s estate that had become final:
(a) The person acted in good faith and for a valuable consideration.
(b) An affidavit of death was recorded for the property under Chapter 2 (commencing with Section 210) of Part 4 of Division 2.
(c) (1) An affidavit was recorded for the property, which contains a statement in substantially the following form: “I, [name of beneficiary], served the notice required by Probate Code Section 5681.”
(2) If a revocable transfer on death deed names more than one beneficiary, only one beneficiary is required to comply with this subdivision.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 215, Sec. 24. (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 Repealed as of January 1, 2032, pursuant to Section 5600.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=5682.
- Text hash
- sha256 c20d62baad9da14adc52eb45c11bc60f10504f04b35ee92d5b4c2b7949978bea
- 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
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