California Probate Code

§ 5040

PROB § 5040 Effective Jan 1, 2017Div. 5 · Part 1 · Ch. 3

Statute text

(a)Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, in an instrument executed by the transferor before or during the marriage or registered domestic partnership, fails if, at the time of the transferor’s death, the former spouse is not the transferor’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or termination of registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.

(b)Subdivision (a) does not cause a nonprobate transfer to fail in any of the following cases:

(1)The nonprobate transfer is not subject to revocation by the transferor at the time of the transferor’s death.

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Legislative history

Amended by Stats. 2016, Ch. 50, Sec. 83. (SB 1005) Effective January 1, 2017.