§ 5690. — 5690. (Amended by Stats. 2021, Ch. 215, Sec. 25.)

California § 5690.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 5.: DIVISION 5. NONPROBATE TRANSFERS
• Part 4.: PART 4. REVOCABLE TRANSFER ON DEATH DEED
• Ch. 5.: CHAPTER 5. Contest

Text

(a)
(1)
An action for the disqualification of a beneficiary under Part 3.7 (commencing with Section 21360) of Division 11 may be brought to contest the validity of a transfer of property by a revocable transfer on death deed.
(2)
An action to contest the validity of a transfer of property by a revocable transfer on death deed may be filed by the transferor’s personal representative or an interested person under Part 19 (commencing with Section 850) of Division 2.
(3)
An action to contest the validity of a revocation of a revocable transfer on death deed may be filed by the transferor’s personal
representative or a beneficiary of the revoked deed under Part 19 (commencing with Section 850) of Division 2. If the contest is successful, the court shall determine the appropriate remedy, which may include revival of the revoked deed. In deciding the remedy, the court shall attempt to effectuate the intentions of the transferor.
(b)
The proper county for a contest proceeding is the proper county for proceedings concerning administration of the transferor’s estate, whether or not proceedings concerning administration of the transferor’s estate have been commenced at the time of the contest.
(c)
On commencement of a contest proceeding, the contestant may record a lis pendens in the county in which the revocable transfer on death deed is recorded.
(d)
In a contest proceeding, each subscribing witness of the revocable transfer on death deed shall be produced and examined. If no subscribing witness is available as a witness within the meaning of Section 240 of the Evidence Code, the court may admit the evidence of other witnesses to prove the due execution of the deed.

Legislative History

Amended by Stats. 2021, Ch. 215, Sec. 25. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.