Article 2. Other Instruments And Forms Of Tenure of California Probate Code >> Division 5. >> Part 4. >> Chapter 3. >> Article 2.
If a revocable transfer on death deed recorded on or before
60 days after the date it was executed and another instrument both
purport to dispose of the same property:
(a) If the other instrument is not recorded before the transferor'
s death, the revocable transfer on death deed is the operative
instrument.
(b) If the other instrument is recorded before the transferor's
death and makes a revocable disposition of the property, the later
executed of the revocable transfer on death deed or the other
instrument is the operative instrument.
(c) If the other instrument is recorded before the transferor's
death and makes an irrevocable disposition of the property, the other
instrument and not the revocable transfer on death deed is the
operative instrument.
If, at the time of the transferor's death, title to the
property described in the revocable transfer on death deed is held in
joint tenancy or as community property with right of survivorship,
the revocable transfer on death deed is void. The transferor's
interest in the property is governed by the right of survivorship and
not by the revocable transfer on death deed.
(a) Chapter 2 (commencing with Section 5010) of Part 1
applies to a revocable transfer on death deed of community property.
(b) For the purpose of application of Chapter 2 (commencing with
Section 5010) of Part 1 to a revocable transfer on death deed of
community property, written consent to the deed, revocation of
written consent to the deed, or modification of the deed, is
ineffective unless recorded within the time required by that chapter
for execution or service of the written consent, revocation, or
modification.
A revocable transfer on death deed of community property with
right of survivorship is subject to Section 5666, relating to a
revocable transfer on death deed of community property.