AB 1739: Nonprobate transfers: revocable transfer on death deeds.

Existing law governs the execution, revocation, and effectiveness of a revocable transfer on death deed, defined as an instrument that makes a donative transfer of property to a named beneficiary that operates on the transferors death, and remains revocable until the transferors death. Existing law establishes a statutory form of revocable transfer on death deed that must be notarized and signed under penalty of perjury by the transferor and recorded with the county recorder, as specified. Existing law requires that subsequent pages of that form include common questions regarding the use of the form. Existing law requires that, in order to be effective, a revocable transfer on death deed must be recorded on or before 60 days after the date it was executed.

This bill would provide that the requirement of recordation described above does not require the recordation of the pages of the statutory form that include the common questions about the use of the form, and a failure to record those pages does not affect the effectiveness of a revocable transfer on death deed. The bill would apply these provisions to revocable transfer on death deeds executed before, on, or after the effective date of these provisions, as specified.

This bill would declare that it is to take effect immediately as an urgency statute.