State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 5020-5023

PROBATE CODE
SECTION 5020-5023



5020.  A provision for a nonprobate transfer of community property
on death executed by a married person without the written consent of
the person's spouse (1) is not effective as to the nonconsenting
spouse's interest in the property and (2) does not affect the
nonconsenting spouse's disposition on death of the nonconsenting
spouse's interest in the community property by will, intestate
succession, or nonprobate transfer.



5021.  (a) In a proceeding to set aside a nonprobate transfer of
community property on death made pursuant to a provision for transfer
of the property executed by a married person without the written
consent of the person's spouse, the court shall set aside the
transfer as to the nonconsenting spouse's interest in the property,
subject to terms and conditions or other remedies that appear
equitable under the circumstances of the case, taking into account
the rights of all interested persons.
   (b) Nothing in subdivision (a) affects any additional remedy the
nonconsenting spouse may have against the person's estate for a
nonprobate transfer of community property on death without the spouse'
s written consent.


5022.  (a) Except as provided in subdivision (b), a spouse's written
consent to a provision for a nonprobate transfer of community
property on death is not a transmutation of the consenting spouse's
interest in the property.
   (b) This chapter does not apply to a spouse's written consent to a
provision for a nonprobate transfer of community property on death
that satisfies Section 852 of the Family Code. Such a consent is a
transmutation and is governed by the law applicable to
transmutations.



5023.  (a) As used in this section "modification" means revocation
of a provision for a nonprobate transfer on death in whole or part,
designation of a different beneficiary, or election of a different
benefit or payment option. As used in this section, "modification"
does not mean, and this section does not apply to, the exercise of a
power of appointment under a trust.
   (b) If a married person executes a provision for a nonprobate
transfer of community property on death with the written consent of
the person's spouse and thereafter executes a modification of the
provision for transfer of the property without written consent of the
spouse, the modification is effective as to the person's interest in
the community property and has the following effect on the spouse's
interest in the community property:
   (1) If the person executes the modification during the spouse's
lifetime, the modification revokes the spouse's previous written
consent to the provision for transfer of the property.
   (2) If the person executes the modification after the spouse's
death, the modification does not affect the spouse's previous written
consent to the provision for transfer of the property, and the
spouse's interest in the community property is subject to the
nonprobate transfer on death as consented to by the spouse.
   (3) If a written expression of intent of a party in the provision
for transfer of the property or in the written consent to the
provision for transfer of the property authorizes the person to
execute a modification after the spouse's death, the spouse's
interest in the community property is deemed transferred to the
married person on the spouse's death, and the modification is
effective as to both the person's and the spouse's interests in the
community property.