-- Last revised 11/2/11 --
Beneficiary Deeds
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
- Final Recommendation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
- Subscribe to Receive Notice of New Materials
Legislation
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2007: Assembly Bill 250 (DeVore) [Revocable TOD Deed]
[Not Enacted]
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Final Recommendation
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Revocable Transfer on Death (TOD) Deed (August 2006) -- Comments Due: 10/10/2006.
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Meeting Minutes
- December 13-14, 2007 Meeting in Burbank
- March 1, 2007 Meeting in Sacramento
- August 18, 2006 Meeting in Burbank
- June 22-23, 2006 Meeting in Sacramento
- April 27, 2006 Meeting in Sacramento
- February 23, 2006 Meeting in Sacramento
- November 18, 2005 Meeting in Oakland
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Staff Memoranda
- Memo 2008-12, Supp. 2 -- 2008 Legislative Program: Status of Bills (06/02/2008)
- Memo 2007-60 -- 2007 Legislative Program: Revocable Transfer on Death Deed (12/5/2007)
- Memo 2007-6, Supp. 1 -- Beneficiary Deeds (2/27/07)
- Memo 2007-6 -- Beneficiary Deeds (Discussion of Issues) (2/23/07)
- Memo 2006-38, Supp. 2 -- Topic (Material Received at Meeting) (10/27/06)
- Memo 2006-38, Supp. 1 -- Beneficiary Deeds (Additional Comments on Tentative Recommendation) (10/24/06)
- Memo 2006-38 -- Beneficiary Deeds (Comments on Tentative Recommendation) (10/17/06)
- Memo 2006-30, Supp. 1 -- Beneficiary Deeds (Additional Material) (8/17/06)
- Memo 2006-30 -- Beneficiary Deeds (Draft of Tentative Recommendation) (7/26/06)
- Memo 2006-19, Supp. 1 -- Beneficiary Deeds (Material Received at Meeting and Additional Communications) (6/22/06)
- Memo 2006-19 -- Beneficiary Deeds (Discussion of Issues) (6/6/2006)
- Memo 2006-16, Supp. 1 -- Beneficiary Deeds (Discussion of Issues) (4/21/2006)
- Memo 2006-16 -- Beneficiary Deeds (Discussion of Issues) (3/29/2006)
- Memo 2006-05, Supp. 1 -- Beneficiary Deeds (Additional Communications Received) (2/22/2006)
- Memo 2006-5 -- Beneficiary Deeds (Discussion of Issues) (1/31/2006)
- Memo 2005-46, Supp. 1 -- Beneficiary Deeds (Material Received at Meeting) (11/18/2005)
- Memo 2005-46 -- Beneficiary Deeds (Scope of Study) (11/3/2005)
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