California Probate Code

§ 5694

PROB § 5694 Effective Jan 1, 2022Div. 5 · Part 4 · Ch. 5

Statute text

If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief:

(a)If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it.

(b)If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.

Legislative history

Amended by Stats. 2021, Ch. 215, Sec. 26. (SB 315) Effective January 1, 2022. Repealed as of January 1, 2032, pursuant to Section 5600.