California Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In California a transfer on death deed, called a revocable transfer on death deed in the Probate Code, is a deed you record while alive that names a beneficiary to receive your residential real property automatically at your death, without probate (Cal. Prob. Code 5600 and following).

2. 2

   During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die.

3. 3

   To be valid the deed must be signed and your signature acknowledged before a notary, and for a deed signed on or after January 1, 2022, your signing must be witnessed by two adults present at the same time (Cal. Prob. Code 5624).

4. 4

   The deed is not effective unless you record it with the county recorder where the property is located within 60 days after it is notarized (Cal. Prob. Code 5626). Missing the 60-day deadline makes the deed invalid.

5. 5

   California provides a statutory form the deed must substantially follow (Cal. Prob. Code 5642). The form covers residential property, such as a home with one to four units or a condominium.

6. 6

   The deed is revocable during your life, by recording a revocation form, a later transfer on death deed, or a transfer of the property, and a will cannot revoke it (Cal. Prob. Code 5644).

7. 7

   Recording the deed does not cause a property tax reassessment and does not affect Medi-Cal eligibility. California's revocable transfer on death deed law is set to be repealed on January 1, 2032, unless extended, but a deed executed before then remains valid (Cal. Prob. Code 5600).

California Requirements for Transfer on Death Deed

• Use the California Statutory TOD Deed Form

  California requires a revocable transfer on death deed to substantially follow the statutory form in Cal. Prob. Code 5642. The deed applies to residential real property described in Cal. Prob. Code 5610, such as a home with one to four units or a condominium.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the assessor parcel number. A street address alone is not enough to record the deed with the county recorder.

• Name the Beneficiary and an Alternate

  The full legal name of the beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

• Notarize the Signature

  The owner must sign the deed and have the signature acknowledged before a notary. A California all-purpose acknowledgment is used. Without notarization the deed cannot be recorded and is not valid.

• Two Witnesses for Deeds Signed After 2021

  For a revocable transfer on death deed signed on or after January 1, 2022, two adult witnesses present at the same time must witness the owner signing or acknowledging the deed (Cal. Prob. Code 5624).

• Record Within 60 Days

  The deed is not effective unless it is recorded with the county recorder where the property is located within 60 days after the date it was notarized (Cal. Prob. Code 5626). Record promptly to meet the deadline.

• Revocation Only by Statutory Means

  The deed is revocable during the owner life by recording a revocation form (Cal. Prob. Code 5644), recording a later transfer on death deed, or transferring the property. A will cannot revoke a California transfer on death deed.

• Know the 2032 Sunset

  California revocable transfer on death deed law is set to be repealed on January 1, 2032, unless the Legislature extends it. A deed validly executed before the repeal date remains effective (Cal. Prob. Code 5600).