Cal. Probate Code § 5044
Cal. Probate Code § 5044
California · California Probate Code · Status: effective · Effective 2016-01-01
Cite this
- Citation
- Cal. Probate Code § 5044, California, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/894201
- Permanent ID
ys:prov:894201@1- SHA-256
c88c49324f90698d4ba3494806356c428d5a953de38590cd7bcaeb489ba0bbeb
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a declaration under penalty of perjury under the laws of this state that states all of the following:
(1) The name of the decedent.
(2) The date and place of the decedent’s death.
(3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship.
(4) Either of the following, as appropriate:
(A) The affiant or declarant is the surviving spouse of the decedent.
(B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042.
(b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration.
(c) An affidavit or declaration made pursuant to subdivision (a) may be recorded.