CALIFORNIA FAMILY CODE
CHARACTERIZATION OF MARITAL PROPERTY
TRANSMUTATION OF PROPERTY
Family Code Section 853
(a) A statement in a will of the character of property is not admissible
as evidence of a transmutation of the property in a proceeding commenced
before the death of the person who made the will.
(b) A waiver of a right to a joint and survivor annuity or survivor's
benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397)
is not a transmutation of the community property rights of the person
executing the waiver.
(c) A written joinder or written consent to a nonprobate transfer of community
property on death that satisfies
Section 852 is a transmutation and is governed by the law applicable to transmutations
and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division
5 of the Probate Code.