State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 5030-5032

PROBATE CODE
SECTION 5030-5032



5030.  (a) A spouse's written consent to a provision for a
nonprobate transfer of community property on death is revocable
during the marriage.
   (b) On termination of the marriage by dissolution or on legal
separation, the written consent is revocable and the community
property is subject to division under Division 7 (commencing with
Section 2500) of the Family Code or other disposition on order within
the jurisdiction of the court.
   (c) On the death of either spouse, the written consent is
irrevocable.



5031.  (a) 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, the consenting spouse may revoke the consent by
a writing, including a will, that identifies the provision for
transfer of the property being revoked, and that is served on the
married person before the married person's death.
   (b) Revocation of a spouse's written consent to a provision for a
nonprobate transfer of community property on death does not affect
the authority of the holder of the property to transfer the property
in compliance with the provision for transfer of the property to the
extent provided in Section 5003.



5032.  On revocation of a spouse's written consent to a nonprobate
transfer of community property on death, the property passes in the
same manner as if the consent had not been given.