Bill Text: CA SB276 | 2009-2010 | Regular Session | Introduced

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Bill Title: Nonprobate transfers: community property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB276 Detail]

Download: California-2009-SB276-Introduced.html

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BILL NUMBER: SB 276	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2009

   An act to amend Section 5020 of the Probate Code, relating to
nonprobate transfers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 276, as introduced, Harman. Nonprobate transfers: community
property.
   Existing law provides that a provision for a nonprobate transfer
of community property on death executed by a married person without
the written consent of the person's spouse is not effective as to the
nonconsenting spouse's interest in the property and does not affect
the nonconsenting spouse's disposition on death of the spouse's
interest in the community property.
   This bill would make nonsubstantive, technical changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5020 of the Probate Code is amended to read:
   5020.  A provision for a nonprobate transfer of community property
on death executed by a married person without the written consent of
the person's  spouse (1) is   spouse: 
    (a)     Is  not effective as to the
nonconsenting spouse's interest in the  property and (2) does
  property. 
    (b)     Does  not affect the
nonconsenting spouse's disposition on death of the nonconsenting
spouse's interest in the community property by will, intestate
succession, or nonprobate transfer.