California § 5040 - Except as provided in subdivision (b), a nonprobate transfer to the transferor
Full text of California Public Contract Code - PCC § 5040 — Except as provided in subdivision (b), a nonprobate transfer to the transferor, with citation guidance and answers to common questions.
§ 5040. Except as provided in subdivision (b), a nonprobate transfer to the transferor
(a) Except as provided in subdivision (b), a nonprobate transfer to the transferorâs former spouse, in an instrument executed by the transferor before or during the marriage or registered domestic partnership, fails if, at the time of the transferorâs death, the former spouse is not the transferorâs surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or termination of registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section. (b) Subdivision (a) does not cause a nonprobate transfer to fail in any of the following cases: (1) The nonprobate transfer is not subject to revocation by the transferor at the time of the transferorâs death. (2) There is clear and convincing evidence that the transferor intended to preserve the nonprobate transfer to the former spouse. (3) A court order that the nonprobate transfer be maintained on behalf of the former spouse is in effect at the time of the transferorâs death. (c) Where a nonprobate transfer fails by operation of this section, the instrument making the nonprobate transfer shall be treated as it would if the former spouse failed to survive the transferor. (d) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on the apparent failure of a nonprobate transfer under this section or who lacks knowledge of the failure of a nonprobate transfer under this section. (e) As used in this section, ânonprobate transferâ means a provision, other than a provision of a life insurance policy, of either of the following types: (1) A provision of a type described in Section 5000. (2) A provision in an instrument that operates on death, other than a will, conferring a power of appointment or naming a trustee.
Frequently Asked Questions About California § 5040
What does Public Contract Code - PCC § 5040 cover?
Section 5040 ("Except as provided in subdivision (b), a nonprobate transfer to the transferor") is part of the Public Contract Code - PCC, the codified statutory law of California. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite California § 5040?
A common citation format is "Public Contract Code - PCC § 5040" (California). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of California law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the California official source linked on this page or consult a licensed California attorney.
How does California § 5040 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in California can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in California.