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California Law Revision Commission

-- Last revised 11/2/11 --

Beneficiary Deeds - Study L-3032

    The Commission is directed by statute to study the conveyance of real property through a nonprobate transfer by means of a revocable transfer on death (TOD) or beneficiary deed. The object of the study is to determine whether legislation establishing a beneficiary deed should be enacted in California. The Commission has completed its analysis, including a review of experience in the nine jurisdictions that have enacted revocable TOD deed legislation as well as the legal incidents of this type of instrument. The Commission has determined that existing real property donative transfer devices do not serve the same function as the revocable TOD deed. Experience with the revocable TOD deed is generally favorable in other jurisdictions. After weighing the advantages and disadvantages of the revocable TOD deed, the Commission has concluded that revocable TOD deed legislation would be beneficial in California. Legislation introduced to authorize the TOD deed has not been approved by the Legislature.
    If you have questions or comments on this study, send email to Brian Hebert at bhebert@clrc.ca.gov.

Related Material


Legislation

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Final Recommendation

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Tentative Recommendations and Other Requests for Comment

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Meeting Minutes

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Staff Memoranda

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