California Codes

Cal. Probate Code § 5000 (2026)

✓ current as of May 2026

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(a)A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, revocable transfer on death deed, marital property agreement, or other written instrument of a similar nature is not invalid because the instrument does not comply with the requirements for execution of a will, and this code does not invalidate the instrument.

(b)Included within subdivision (a) are the following:

(1)A written provision that moneys or other benefits due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.

(2)A written provision that moneys due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promisor before payment or demand.

(3)A written provision that any property controlled by or owned by the decedent before death that is the subject of the instrument shall pass to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.

(c)Nothing in this section limits the rights of creditors under any other law.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2000–2023 · leading case: Reichel v. Jung, 2000 WI App 151 (Wis. Ct. App. 2000).

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Reichel v. Jung, 2000 WI App 151 (Wis. Ct. App. 2000). · cites it 2× “Cal. Prob. Code § 5000 (b)(1); cf. § 705.”

McDaniel v. Geico Gen. Ins., 55 F. Supp. 3d 1244 (E.D. Cal. 2014). “As a result, there appears to be little dispute that the annuity was not actually an Estate asset because, upon Murotani’s death, the money from the annuity was to go to Murotani’s sister and two brothers as beneficiaries.”

Munger v. Intel Corp. (D. Or. 2023). “Cal. Prob. Code § 5000 (a). In addition, [a] named beneficiary of a .”

— Cal. Probate Code § 5000(a) — 1 case

Reichel v. Jung, 2000 WI App 151 (Wis. Ct. App. 2000). “Cal. Prob. Code § 5000 (b)(1); cf. § 705.”

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