California Probate Code

§ 5023

PROB § 5023 Effective Jan 1, 1994Div. 5 · Part 1 · Ch. 2 · Art. 2

Statute text

(a)As used in this section “modification” means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different beneficiary, or election of a different benefit or payment option. As used in this section, “modification” does not mean, and this section does not apply to, the exercise of a power of appointment under a trust.

(b)If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse and thereafter executes a modification of the provision for transfer of the property without written consent of the spouse, the modification is effective as to the person’s interest in the community property and has the following effect on the spouse’s interest in the community property:

(1)If the person executes the modification during the spouse’s lifetime, the modification revokes the spouse’s previous written consent to the provision for transfer of the property.

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Legislative history

Amended by Stats. 1993, Ch. 527, Sec. 3. Effective January 1, 1994.