Probate Code section 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.

Source: Section 5022, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=5022.­ (updated Jan. 1, 1994; accessed Jun. 18, 2026).

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Verified:
Jun. 18, 2026

§ 5022's source at ca​.gov