By Corcoran Smith Law Corp. · Published · Updated
The Revocable Transfer on Death Deed
A California revocable transfer on death deed passes real property at death without probate. It applies to transferors dying on or after 1 January 2016, and the statute is currently set to repeal itself on 1 January 2032 unless the Legislature extends it again.
What it does, and how long it lasts
Probate Code section 5600 sets the frame: the revocable transfer on death deed applies to a transferor who dies on or after 1 January 2016, whether the deed was executed before or after that date, and the part remains in effect only until 1 January 2032, when it repeals itself unless the Legislature acts. The repeal would not invalidate a deed executed beforehand, nor remove the power to revoke one. Section 5652 governs the transfer. The deed passes all of the transferor’s interest at death, contingent on the beneficiary surviving them — and it expressly displaces the ordinary anti-lapse rule, so a beneficiary who predeceases simply lapses. Where there is more than one beneficiary they take as tenants in common in equal shares, and a share that lapses passes to the others equally. The property remains subject to liens, encumbrances, easements, leases and other interests recorded at death or no later than 120 days after the section 5682(c) affidavit is recorded. Stock-cooperative restrictions described in section 5652(c) may also apply even if unrecorded.
Sources: Probate Code s.5600 - Revocable transfer on death deed, scope and sunset · Probate Code s.5652 - Effect of a revocable transfer on death deed · Probate Code s.5674 - Limit on beneficiary liability · Verified 2026-08-20.
How it compares with the alternatives
| Route | Avoids probate? | Revocable in life? | Statutory sunset |
|---|---|---|---|
| Transfer on death deed | Yes, for that property | Yes | 1 Jan 2032 |
| Living trust | Yes, for funded assets | Yes | None |
| Joint tenancy | Yes, by survivorship | No — gives away an interest now | None |
| Will alone | No | Yes | None |
Where these end up in dispute
The deed’s virtues are also its weaknesses. It is cheap, one page, revocable without telling anyone, and recorded in a county office nobody in the family is watching — which makes it a common instrument in the late-life transfers that turn into undue influence and financial elder abuse claims. Because it takes effect outside administration, a beneficiary of the estate may not learn of it until the property is already gone. It is also not a shield from debts: section 5674 caps a beneficiary’s personal liability at the fair market value at death less liens, but it does not eliminate it.
Related: how a living trust works, capacity to sign, recovering property under §850, the affidavit route, whether the rest of the estate still needs probate, and what happens if nothing was done.
The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
- Probate Code section 5600
- Revocable transfer on death deed, scope and sunset. Read section 5600
- Probate Code section 5652
- Effect of a revocable transfer on death deed. Read section 5652
- Probate Code section 5674
- Limit on beneficiary liability. Read section 5674
Before you call: What probate costs · How long it takes · Which court hears it