§ 5681
454 words·~2 min read·
/ca/probate-code/5681A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor’s heirs, along with a copy of the revocable transfer on death deed and a copy of the transferor’s death certificate.
(b)The notice required by subdivision
(a)shall be in substantially the following form:
“NOTICE OF REVOCABLE TRANSFER ON DEATH DEED
The enclosed revocable transfer on death deed was created by: [name of deceased transferor].
It affects the following property: [description of property used on revocable transfer on death deed].
It names the following beneficiaries: [beneficiary(ies) named on the revocable transfer on death deed].
As a result of the death of [name of deceased transferor], the deed will transfer the described property to the named beneficiaries, without probate administration.
If you believe that the revocable transfer on death deed is invalid and you wish to stop it from taking effect, you have only 120 days from the date of this notice to file a fully effective challenge. You should act promptly and may wish to consult an attorney.”
(c)For the purposes of this section, if the beneficiary has actual knowledge of a final judicial determination of heirship for the deceased transferor, the beneficiary shall rely on that determination. Otherwise, the beneficiary shall have discretion to make a good faith determination, by any reasonable means, of the heirs of the transferor.
(d)The beneficiary need not provide a copy of the notice to an heir who is either of the following:
(1)Known to the beneficiary but who cannot be located by the beneficiary after reasonable diligence.
(2)Unknown to the beneficiary.
(e)The notice shall be served by any of the methods described in Section 1215 to the last known address.
(f)If a revocable transfer on death deed names more than one beneficiary, only one of the beneficiaries is required to comply with this section.
(1)A beneficiary who fails to serve the notification required by this section on an heir who is not a beneficiary and whose identity is known to the beneficiary shall be responsible for all damages caused to the heir by the failure, unless the beneficiary shows that they made a reasonably diligent effort to comply. For purposes of this subdivision, “reasonably diligent effort” means that the beneficiary has delivered notice pursuant to Section 1215 to the heir at the heir’s last address actually known to the beneficiary.
(2)A beneficiary is not liable under this subdivision if that beneficiary reasonably relied, in good faith, on another beneficiary’s statement that the other beneficiary would satisfy the requirements of this section.
(3)A beneficiary is not to be held to the same standard as a fiduciary.