PROB § 5625
Where this section sits in the code
- Probate Code - PROB
- DIVISION 5. NONPROBATE TRANSFERS [5000. - 5705.]
- PART 4. REVOCABLE TRANSFER ON DEATH DEED [5600. - 5698.]
- CHAPTER 2. Execution and Revocation [5620. - 5644.]
- ARTICLE 1. Execution [5620. - 5628.]
(a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.
(b) A revocable transfer on death deed is not invalid because it is signed by an interested witness.
(c) If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.
Collected 2026-09-14T05:56:33Z. Source file · JSON