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CA AB724

Bill

Status

Engrossed

6/2/2009

Primary Sponsor

Paul Cook

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Creates a revocable transfer on death (TOD) deed allowing real property to transfer to named beneficiaries upon owner's death without probate proceedings, effective until January 1, 2015.

  • Requires TOD deed to be signed, dated, notarized, and recorded within 60 days of execution; transferor must have testamentary capacity; deed remains revocable during transferor's lifetime and does not affect ownership rights or Medi-Cal eligibility.

  • Voids TOD deed if property is held in joint tenancy or community property with right of survivorship at time of transferor's death; establishes beneficiary liability for transferor's debts and creditor claim priorities.

  • Expands definition of "interest" and "nonprobate transfer" in probate law to include TOD deeds and specifies that persons who kill decedents cannot inherit through nonprobate transfers including TOD deeds.

  • Requires California Law Revision Commission to study the revocable TOD deed's effectiveness and report findings to Legislature by January 1, 2014.

Legislative Description

Nonprobate transfers: revocable transfer upon death

Last Action

In committee: Set first hearing. Failed passage. Reconsideration granted.

8/9/2010

Committee Referrals

Appropriations6/16/2010
Judiciary6/18/2009
Rules6/3/2009
Appropriations4/14/2009
Judiciary3/23/2009

Full Bill Text

No bill text available