Transferring California Community Property to the Surviving Spouse

Section 100(a) of the California Probate Code states that when a married person dies, one-half of the couple's community property belongs to the surviving spouse and the other half stays in the decedent's name, ostensibly for probate distribution. For transfers occurring after July 1, 2001, California property owners gained the option to hold title as community property with the right of survivorship. By vesting this way, the remaining spouse acquires the deceased spouse's portion of the shared property without the need for probate (Cal Civ Code 682.1(a)).

The surviving spouse files an affidavit (a statement of facts, made under oath), along with an official copy of the death certificate, at the recording office for the county where the property is located. The content may vary depending on the circumstances, but it generally contains the names of both spouses, a formal legal description of the shared real estate, and the recording information for the deed transferring ownership to the couple, confirming their intention to hold title as community property. Note that the right of survivorship is not automatic with community property -- it must be written on the face of the deed. To alleviate any questions about the survivorship status, consider including an official copy of the recorded deed.

The affidavit should also confirm, among other things, that the co-owners were married when the decedent died, that there are no probate actions related to the property, and that the surviving spouse is submitting the affidavit to ensure clear title. A clear title is important because it makes future transactions involving the real estate less complicated.

Each case is unique, so contact an attorney with specific questions or for complex situations.

(California Affidavit of Surviving Spouse Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Surviving Spouse

Clear title defects caused by a missing death record
Establish the identity of the surviving property owner
Confirm the passing of a trustor or grantor for title purposes
Document the death of a property owner for public record
Provide evidence of heirship for a property transfer
Update county records to reflect the death of a property owner

Compare other California deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Deed Corrective Affidavit Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit Interspousal Transfer Grant Deed Grant Deed for Life Estate Easement Deed Termination, Cancellation of Easement / Right of Way Special Durable Power of Attorney for the Sale of Property Special Durable Power of Attorney for the Purchase of Property Affidavit Death of Joint Tenant Long Form Deed of Trust Assignment of Deed of Trust Substitution of Trustee and Full Reconveyance Deed of Full Reconveyance Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Assignment of Leases and Rents Release of Assignment of Leases and Rents. Personal Representative Deed Disclaimer of Interest Preliminary Notice Notice of Completion Notice of Mechanics Lien Mineral Deed Mineral Deed with Quitclaim Covenants Notice of Pending Action Release of Notice of Pending Action Certificate of Trust Trustee Deed Upon Sale

Important: County-Specific Forms

Our affidavit of surviving spouse forms are specifically formatted for each county in California.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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