Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
General ProvisionsDefinitions
Section § 5606
This section states that unless something else is specifically mentioned, the definitions provided in this article should be used to interpret this part of the law.
definitions construction interpretation
Section § 5608
This law defines a 'beneficiary' in the context of a revocable transfer on death deed as the person or entity designated to receive the property. Such beneficiaries can be individuals, trusts, or other legal entities.
“Beneficiary” means a person named in a revocable transfer on death deed as transferee of the property. A natural person, trust, or legal entity may be named as a beneficiary.
beneficiary definition revocable transfer on death deed property transferee
Section § 5610
This section defines what is considered 'real property' under California law for certain legal documents. It includes land with up to four residential units and residences in developments with shared areas. Agricultural land over 40 acres isn't considered 'real property.' How 'real property' is defined depends on what things looked like when a specific deed was signed.
(a)CA Probate Code § 5610(a) Except as provided in subdivision (b), “real property” means either of the following:
(1)CA Probate Code § 5610(a)(1) A parcel of land that is improved with one to four residential dwelling units.
(2)CA Probate Code § 5610(a)(2) A residential separate interest and its appurtenant common area in a common interest development, regardless of the number of separate interests in the common interest development.
(b)CA Probate Code § 5610(b) “Real property” does not include a parcel of agricultural land that is greater than 40 acres in size. For the purposes of this subdivision, “agricultural land” means land that is designated for agricultural use by law or by a document that is recorded in the county in which the land
is located.
(c)CA Probate Code § 5610(c) The definition of “real property” shall be construed pursuant to the circumstances that existed on the execution date shown on the revocable transfer on death deed.
real property definition residential dwelling units common interest development
Section § 5612
The term “Recorded” in this document means exactly what is described in Section 1170 of the Civil Code.
“Recorded” has the meaning provided in Section 1170 of the Civil Code.
recorded definition Civil Code Section 1170 meaning of recorded
Section § 5614
A 'revocable transfer on death deed' (or 'revocable TOD deed') is a legal document that allows someone to name a beneficiary to receive real property after the property owner's death. This deed can be modified or canceled at any time during the owner's life but takes effect only after the owner's death. It can be used to transfer property even if a deed is not the usual method of evidence or transfer for that property's ownership.
(a)CA Probate Code § 5614(a) “Revocable transfer on death deed” means an instrument created pursuant to this part that does all of the following:
(1)CA Probate Code § 5614(a)(1) Makes a donative transfer of real property to a named beneficiary.
(2)CA Probate Code § 5614(a)(2) Operates on the transferor’s death.
(3)CA Probate Code § 5614(a)(3) Remains revocable until the transferor’s death.
(b)CA Probate Code § 5614(b) A revocable transfer on death deed may also be known as a “revocable TOD deed.”
(c)CA Probate Code § 5614(c) A revocable transfer on death deed may be used to transfer real property even if ownership of the property is not typically evidenced or
transferred by use of a deed.
revocable transfer on death TOD deed real property transfer
Section § 5614.5
In this section, 'stock cooperative' refers to the definition given in Section 4190 of the Civil Code. This means when you see 'stock cooperative' here, it's using the exact meaning that's outlined in that specific Civil Code section.
“Stock cooperative” has the same meaning as in Section 4190 of the Civil Code.
stock cooperative Civil Code Section 4190 definition reference
Section § 5615
A 'subscribing witness' is someone who signs a document called a revocable transfer on death deed to confirm they've witnessed its signing. This is outlined further in Section 5624.
“Subscribing witness” means a person who signs a revocable transfer on death deed as a witness, as provided in Section 5624.
subscribing witness revocable transfer on death deed witness signature
Section § 5616
This law defines a 'transferor' as someone who owns real estate and decides to transfer it through a revocable transfer on death deed, which means they can change their mind about the transfer until they pass away.
“Transferor” means an owner of real property who makes a revocable transfer on death deed of the property.
transferor real estate owner revocable transfer
Section § 5618
In this law, "unsecured debts" refers to debts that are not secured by any property or collateral. Examples include the costs related to someone's funeral, the expenses for their last illness, and any outstanding wage claims they owe.
“Unsecured debts” includes, but is not limited to, a transferor’s funeral expenses, expenses of a transferor’s last illness, and wage claims.
unsecured debts funeral expenses last illness expenses
