Cal. PROB § 5044
This is the official text of Cal. PROB § 5044, part of California’s Probate Code — governs wills, trusts, estates, and conservatorships.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a declaration under penalty of perjury under the laws of this state that states all of the following:
(1) The name of the decedent.
(2) The date and place of the decedent’s death.
(3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship.
(4) Either of the following, as appropriate:
(A) The affiant or declarant is the surviving spouse of the decedent.
(B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042.
(b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration.
(c) An affidavit or declaration made pursuant to subdivision (a) may be recorded.
(1) The name of the decedent.
(2) The date and place of the decedent’s death.
(3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship.
(4) Either of the following, as appropriate:
(A) The affiant or declarant is the surviving spouse of the decedent.
(B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042.
(b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration.
(c) An affidavit or declaration made pursuant to subdivision (a) may be recorded.
Status: in_force · Read it on the official government site
Dealing with a probate matter in California?
See all California Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.