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Current as of January 01, 2023 | Updated by FindLaw Staff
If a revocable transfer on death deed recorded on or before 60 days after the date it was acknowledged before a notary public and another instrument both purport to dispose of the same property:
(a) If the other instrument is not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded, the revocable transfer on death deed is the operative instrument.
(b) If the other instrument is recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded and makes a revocable disposition of the property, the later executed of the revocable transfer on death deed or the other instrument is the operative instrument.
(c) If the other instrument is recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 is recorded and makes an irrevocable disposition of the property, the other instrument and not the revocable transfer on death deed is the operative instrument.
Cite this article: FindLaw.com - California Code, Probate Code - PROB § 5660 - last updated January 01, 2023 | https://codes.findlaw.com/ca/probate-code/prob-sect-5660/
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