Probate Code section 5625

(a)

Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.

(b)

A revocable transfer on death deed is not invalid because it is signed by an interested witness.

(c)

If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.

Source: Section 5625, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=5625.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 5625’s source at ca​.gov