2011 California Code
Probate Code
DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705]
ARTICLE 2. Consent to Nonprobate Transfer
Section 5023

(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.

(2) If the person executes the modification after the spouse s death, the modification does not affect the spouse s previous written consent to the provision for transfer of the property, and the spouse s interest in the community property is subject to the nonprobate transfer on death as consented to by the spouse.

(3) If a written expression of intent of a party in the provision for transfer of the property or in the written consent to the provision for transfer of the property authorizes the person to execute a modification after the spouse s death, the spouse s interest in the community property is deemed transferred to the married person on the spouse s death, and the modification is effective as to both the person s and the spouse s interests in the community property.

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