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California Civil Code Section 682.1

Legal Research Home > California Laws > Civil Code > California Civil Code Section 682.1

682.1.  (a) Community property of a husband and wife, when expressly
declared in the transfer document to be community property with
right of survivorship, and which may be accepted in writing on the
face of the document by a statement signed or initialed by the
grantees, shall, upon the death of one of the spouses, pass to the
survivor, without administration, pursuant to the terms of the
instrument, subject to the same procedures, as property held in joint
tenancy. Prior to the death of either spouse, the right of
survivorship may be terminated pursuant to the same procedures by
which a joint tenancy may be severed. Part I (commencing with Section
5000) of Division 5 of the Probate Code and Chapter 2 (commencing
with Section 13540), Chapter 3 (commencing with Section 13550) and
Chapter 3.5 (commencing with Section 13560) of Part 2 of Division 8
of the Probate Code apply to this property.
   (b) This section does not apply to a joint account in a financial
institution to which Part 2 (commencing with Section 5100) of
Division 5 of the Probate Code applies.
   (c) This section shall become operative on July 1, 2001, and shall
apply to instruments created on or after that date.

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Last modified: March 17, 2014