{"data":{"id":"us-ca/fam-853","jurisdiction":"us-ca","citation":"FAM § 853","heading":"","body":"(a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will.\n(b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver.\n(c) A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section 852 is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code.","path":["Family Code - FAM","DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700. - 1620.]","PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760. - 853.]","CHAPTER 5. Transmutation of Property [850. - 853.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"5de2e3b5888b040f7a222a03caaa5f790fa8a4c3fd8360b219721db63e26699a","source_id":"us-ca","stale":false,"prev":"us-ca/fam-852","next":"us-ca/fam-900"},"notice":"GroundRules: Original legal text. Not legal advice."}