BILL NUMBER: AB 2913	CHAPTERED  09/26/00

	CHAPTER   645
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 14, 2000

INTRODUCED BY   Assembly Member Kuehl

                        MARCH 15, 2000

   An act to add Section 682.1 to the Civil Code, relating to
community property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2913, Kuehl.  Community property.
   Existing law provides that upon the death of a married person, 1/2
of the community property of a husband and wife belongs to the
surviving spouse and the other half belongs to the decedent.
   This bill would provide that the community property of a husband
and wife when expressly declared in a transfer document to be
community property with right of survivorship, shall pass to the
survivor upon the death of one of the spouses, without
administration.  The bill would also permit the right of survivorship
to be terminated prior to the death of either spouse, as specified.
This provision would be operative July 1, 2001, and would apply to
instruments created on or after that date.


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


  SECTION 1.  Section 682.1 is added to the Civil Code, to read:
   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.