SECTIONS 5010-5015 - California Statutes

PROBATE CODE

SECTION 5010-5015

5010. As used in this chapter, "written consent" to a provision for
a nonprobate transfer of community property on death includes a
written joinder in such a provision.

5011. Notwithstanding any other provision of this part, the rights
of the parties in a nonprobate transfer of community property on
death are subject to all of the following:
(a) The terms of the instrument under which the nonprobate
transfer is made.
(b) A contrary state statute specifically applicable to the
instrument under which the nonprobate transfer is made.
(c) A written expression of intent of a party in the provision for
transfer of the property or in a written consent to the provision.

5012. A provision of this chapter concerning rights between a
married person and the person's spouse in community property is
relevant only to controversies between the person and spouse and
their successors and does not affect the obligation of a holder of
community property under an instrument of a type described in Section
5000 to hold, receive, or transfer the property in compliance with a
provision for a nonprobate transfer on death, or the protection
provided the holder by Section 5003.

5013. Nothing in this chapter limits the effect of a surviving
spouse's waiver of rights in community property under Chapter 1
(commencing with Section 140) of Part 3 of Division 2 or other
instrument or agreement that affects a married person's interest in
community property.

5014. (a) Except as provided in subdivision (b), this chapter
applies to a provision for a nonprobate transfer of community
property on the death of a married person, regardless of whether the
provision for transfer of the property was executed by the person, or
written consent to the provision for transfer of the property was
given by the person's spouse, before, on, or after January 1, 1993.
(b) Subdivision (c) of Section 5030 does not apply, and the
applicable law in effect on the date of death does apply, to
revocation of a written consent given by a spouse who died before
January 1, 1993.

5015. Nothing in this chapter limits the application of principles
of fraud, undue influence, duress, mistake, or other invalidating
cause to a written consent to a provision for a nonprobate transfer
of community property on death.