California Transfer on Death Deed
A California transfer on death deed (revocable TOD deed) names a beneficiary to receive your home without probate, and must be notarized, witnessed, and recorded within 60 days. Attorney review available.
Find out where you stand in California
What do you want to do with your property?
DocDraft provides document preparation, not legal advice.
Introduction
A transfer on death deed in California, which the Probate Code calls a revocable transfer on death deed, is a deed you sign and record while you are alive that names a beneficiary to receive your residential real property automatically when you die, without probate (Cal. Prob. Code 5600 and following). 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 until you die. To be valid in California, you must sign the deed, have your signature acknowledged before a notary, and, for a deed signed on or after January 1, 2022, have your signing witnessed by two adults who are present at the same time (Cal. Prob. Code 5624). The deed is not effective unless you record it with the county recorder in the county where the property is located within 60 days after it is notarized (Cal. Prob. Code 5626). California provides a statutory form that the deed must substantially follow (Cal. Prob. Code 5642). The deed is revocable at any time during your life, by recording a revocation, a later deed, or a transfer, and a will cannot revoke it (Cal. Prob. Code 5644). Recording the deed does not trigger a property tax reassessment and does not affect Medi-Cal eligibility. California's revocable transfer on death deed law is currently set to be repealed on January 1, 2032, unless the Legislature extends it, though a deed executed before then stays valid (Cal. Prob. Code 5600). DocDraft builds your California transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
- 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
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
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
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
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
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
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).
Key decisions before you file
Before you file a Transfer on Death Deed in California, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in California in about a minute, and notarize it online through DocDraft if it does.
California Requirements for Transfer on Death Deed
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.
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.
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.
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.
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).
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.
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.
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).
Does your Transfer on Death Deed need to be notarized in California?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
In California it is called a revocable transfer on death deed. It is a deed you sign and record while you are alive that names a beneficiary to receive your residential real property automatically when you die, without probate (Cal. Prob. Code 5600 and following). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.
A California will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A California transfer on death deed passes the specific residential property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many Californians use both, so the deed handles the home and the will handles everything else.
To be valid in California you must sign the deed and have 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). You must then record the deed with the county recorder where the property is located within 60 days after it is notarized (Cal. Prob. Code 5626). The deed should substantially follow the statutory form in Cal. Prob. Code 5642.
A California revocable transfer on death deed is not effective unless it is recorded with the county recorder in the county where the property is located within 60 days after the date it was notarized (Cal. Prob. Code 5626). If you miss the 60-day window, the deed is invalid and you would need to sign, notarize, and record a new one. Recording promptly after notarization is the safest way to meet the deadline.
Yes. A California transfer on death deed is revocable at any time while you are alive. You can revoke it by recording a statutory revocation form (Cal. Prob. Code 5644), by recording a later transfer on death deed for the same property, or by selling or transferring the property before you die. A will cannot revoke a California transfer on death deed, so you must use one of the methods the Probate Code allows.
No. Recording a California revocable transfer on death deed does not trigger a property tax reassessment and does not affect your Medi-Cal eligibility, because the deed has no effect during your lifetime and you keep full ownership and control. The property is reassessed, if at all, only when the beneficiary takes it at your death, under the rules that apply to that transfer. You should confirm the tax treatment for your situation.
The California revocable transfer on death deed is for residential real property described in the statute, such as a parcel with one to four residential dwelling units, a condominium unit, or agricultural land of 40 acres or less with a single-family residence (Cal. Prob. Code 5610). It is not designed for larger commercial or investment property. For property outside that scope, a living trust or another tool may be the better way to avoid probate.
Not currently. California's revocable transfer on death deed law is set to be repealed on January 1, 2032, unless the Legislature enacts a statute before then to delete or extend that date (Cal. Prob. Code 5600). Importantly, a transfer on death deed that is validly executed before the repeal date remains effective, so a deed you sign and record now is not undone by the sunset. Check the current status before relying on the deed long term.