Cal. PROB § 5023
Cal. PROB § 5023
(a) As used in this section āmodificationā means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different beneficiary, or election of a different benefit or payment option. As used in this section, āmodificationā does not mean, and this section does not apply to, the exercise of a power of appointment under a trust.
(b) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the personās spouse and thereafter executes a modification of the provision for transfer of the property without written consent of the spouse, the modification is effective as to the personās interest in the community property and has the following effect on the spouseās interest in the community property:
(1) If the person executes the modification during the spouseās lifetime, the modification revokes the spouseās previous written consent to the provision for transfer of the property.
(2) If the person executes the modification after the spouseās death, the modification does not affect the spouseās previous written consent to the provision for transfer of the property, and the spouseās interest in the community property is subject to the nonprobate transfer on death as consented to by the spouse.
(3) If a written expression of intent of a party in the provision for transfer of the property or in the written consent to the provision for transfer of the property authorizes the person to execute a modification after the spouseās death, the spouseās interest in the community property is deemed transferred to the married person on the spouseās death, and the modification is effective as to both the personās and the spouseās interests in the community property.