Section § 5500

Explanation

This law is called the Uniform TOD (Transfer on Death) Security Registration Act. It is designed to make it easy for individuals to pass on their securities, like stocks or bonds, directly to someone else after they die, without the need for a lengthy legal process like probate.

The act encourages the creation of a simple title form for this purpose and aims to protect companies that help make these transfers happen. The law should be interpreted broadly to achieve these goals, and general principles of law will fill in any gaps unless specifically addressed by the act.

(a)CA Probate Code § 5500(a) This part shall be known as and may be cited as the Uniform TOD Security Registration Act.
(b)CA Probate Code § 5500(b) This part shall be liberally construed and applied to promote its underlying purposes and policy.
(c)CA Probate Code § 5500(c) The underlying purposes and policy of this act are to (1) encourage development of a title form for use by individuals that is effective, without probate and estate administration, for transferring property at death in accordance with directions of a deceased owner of a security as included in the title form in which the security is held and (2) protect issuers offering and implementing the new title form.
(d)CA Probate Code § 5500(d) Unless displaced by the particular provisions of this part, the principles of law and equity supplement its provisions.

Section § 5501

Explanation

This section defines key terms related to the designation and handling of securities and security accounts after the owner's death. A 'beneficiary form' specifies the intended new owner of a security upon the current owner's death. 'Register' involves documenting who owns a securities account. A 'registering entity' is someone who manages security titles, like brokers or transfer agents. A 'security' includes shares or interests in businesses and accounts. A 'security account' covers various financial accounts and investments tied to or resulting from securities. The term 'cash equivalent' describes investments that can be quickly turned into cash, such as treasury bills and money market funds. This law doesn't apply to multiple-owner accounts, which are covered by a different law.

For purposes of this part:
(a)CA Probate Code § 5501(a) “Beneficiary form” means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(b)CA Probate Code § 5501(b) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(c)CA Probate Code § 5501(c) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(d)CA Probate Code § 5501(d) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(e)Copy CA Probate Code § 5501(e)
(1)Copy CA Probate Code § 5501(e)(1) “Security account” means any of the following:
(A)CA Probate Code § 5501(e)(1)(A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death.
(B)CA Probate Code § 5501(e)(1)(B) An investment management or custody account with a trust company or a trust department of a bank with trust powers, including the securities in the account, the cash balance in the account, and cash equivalents, and interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner’s death.
(C)CA Probate Code § 5501(e)(1)(C) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
(2)CA Probate Code § 5501(e)(2) For the purposes of this subdivision, “cash equivalent” means an investment that is easily converted into cash, including, treasury bills, treasury notes, money market funds, savings bonds, short-term instruments, and short-term obligations.
(f)CA Probate Code § 5501(f) This section may not be construed to govern cash equivalents in multiple-party accounts that are governed by the California Multiple-Party Accounts Law, Part 2 (commencing with Section 5100).

Section § 5502

Explanation

This law says that only individuals who own a security solely or with someone else where the ownership passes directly to the surviving owner can register it in a 'beneficiary form'. This means the security can be inherited automatically by the survivors. However, if the ownership is shared in a way where each person owns a distinct portion (like tenants in common), it can't be registered this way.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.

Section § 5503

Explanation

This law allows securities, like stocks or bonds, to be registered in a beneficiary form as long as such registration is permitted by the laws of certain relevant states. This includes the state where the company issuing the security is located, where their main office is, where their transfer agent is, or where the owner's address is at the time of registration. Even if a state doesn't have such a law, the registration is still considered valid and lawful as part of a contract agreement.

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.

Section § 5504

Explanation

This section explains that a security, like a stock or similar financial asset, is considered registered in 'beneficiary form' if it has a named beneficiary who will get ownership after the owner or all owners have died.

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

Section § 5505

Explanation

This law states that when registering certain accounts or assets, you can indicate who should receive them after your death by using the words 'transfer on death' (TOD) or 'pay on death' (POD). These terms should come after the owner's name and before the beneficiary's name.

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.

Section § 5506

Explanation

This section explains that naming a Transfer on Death (TOD) beneficiary on a security only takes effect after the owner dies. While the owner is alive, they can cancel or change the beneficiary without needing the beneficiary's approval.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.

Section § 5507

Explanation

When the sole owner or the last owner of securities registered with named beneficiaries dies, the securities transfer to the surviving beneficiaries. After proving the death and meeting any required conditions, the securities can be re-registered in the beneficiaries' names. Until the securities are divided, multiple beneficiaries share ownership as tenants in common. If no beneficiaries survive, the securities become part of the deceased owner's estate.

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

Section § 5508

Explanation

This law explains that while a company handling security registrations isn't required to offer or accept registrations that designate a beneficiary, if they do, the security owner agrees to the protections provided to the company. If they accept such a registration, they must fulfill it according to the law.

Once the security is transferred correctly at the owner's death, the company is protected from claims by the owner's estate or creditors, as long as they acted in good faith based on provided information. However, protection ends if the entity receives written objections from any claimants. This law-only shields the registering entity, not the rights of beneficiaries in disagreements among themselves over the security.

(a)CA Probate Code § 5508(a) A registering entity is not required to offer or to accept requests for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.
(b)CA Probate Code § 5508(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented as provided in this part.
(c)CA Probate Code § 5508(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Section 5507 and does so in good faith reliance (1) on the registration, (2) on this part, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or the surviving beneficiary’s representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity shall affect its right to protection under this part.
(d)CA Probate Code § 5508(d) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.

Section § 5509

Explanation

When someone registers an asset in a 'transfer on death' form, it passes automatically to the named beneficiary when the owner dies, based on the contract with the registering entity. This process doesn't count as part of a will.

However, the law doesn't change the rights that a surviving spouse or creditors might have against the beneficiaries or people who receive the assets, based on other state laws.

(a)CA Probate Code § 5509(a) Any transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.
(b)CA Probate Code § 5509(b) This part does not limit the rights of a surviving spouse or creditors of security owners against beneficiaries and other transferees under other laws of this state.

Section § 5510

Explanation

This law allows financial institutions to set their own rules for managing beneficiary designations on accounts. These rules cover how to handle requests related to naming, canceling, or changing beneficiaries. Institutions can require proof of death, manage fractional shares, and outline how to handle primary and secondary beneficiaries, such as using the 'LDPS' designation to let descendants inherit if a beneficiary dies. The law provides examples of how to register an account with different beneficiary arrangements, such as a single owner with a single beneficiary, joint owners with a single beneficiary, or joint owners with multiple beneficiaries.

(a)CA Probate Code § 5510(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for (1) registrations in beneficiary form, and (2) implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.
(b)CA Probate Code § 5510(b) The terms and conditions established pursuant to subdivision (a) may provide for (1) proving death, (2) avoiding or resolving any problems concerning fractional shares, (3) designating primary and contingent beneficiaries, and (4) substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for “lineal descendants per stirpes.” This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions.
(c)CA Probate Code § 5510(c) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:
(1)CA Probate Code § 5510(c)(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.
(2)CA Probate Code § 5510(c)(2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown, JT TEN TOD John S. Brown, Jr.
(3)CA Probate Code § 5510(c)(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown, JT TEN TOD John S. Brown, Jr. SUB BENE Peter Q. Brown , or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS.

Section § 5511

Explanation

This law section states that the rules mentioned do not change the nature or rights of community property owned by spouses during a marriage. It also notes that these rules must follow the guidelines set out in another specific chapter of law.

Nothing in this part alters the community character of community property or community rights in community property. This part is subject to Chapter 2 (commencing with Section 5010) of Part 1 of Division 5.

Section § 5512

Explanation

This law states that it covers registrations of securities with a named beneficiary for cases where the person who owned these securities died on or after January 1, 1999. It applies to such registrations whether they were made before, on, or after this date.

This part applies to registrations of securities in beneficiary form made before, on, or after January 1, 1999, by decedents dying on or after January 1, 1999.