Probate Code section 5682

If all of the following conditions are satisfied, a person dealing with a beneficiary of a revocable transfer on death deed of real property shall have the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the transferor’s estate that had become final:

(a)

The person acted in good faith and for a valuable consideration.

(b)

An affidavit of death was recorded for the property under Chapter 2 (commencing with Section 210) of Part 4 of Division 2.

(c)

(1)An affidavit was recorded for the property, which contains a statement in substantially the following form: “I, [name of beneficiary], served the notice required by Probate Code Section 5681.”

(2)

If a revocable transfer on death deed names more than one beneficiary, only one beneficiary is required to comply with this subdivision.

Source: Section 5682, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=5682.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 5682’s source at ca​.gov