California Affidavit of Surviving Spouse

California Affidavit of Surviving Spouse Information

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.

Deeds.com California Affidavit of Surviving Spouse Forms Have Been Updated as Recently as Thursday April 14, 2022

4.8 out of 5 (3619 Reviews)

What others like you are saying:

Rosa Irene G. said: nd your site/forms. The cost is also great. Thank you so much for making this affordable to everyone.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Karen P. said: Very easy to use.

Reply from Staff: Thank you!

Roy B. said: Convenient yes, expensive "big YES" and with what I paid to record a lien it cost me close to $50. That seems quite exorbitant in my estimation!!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Richard R. said: Kind of expensive for a 3 page item...but I received it pronto and it will fill the bill.

Reply from Staff: Thank you!

kelly W. said: Your customer service person was very professional and polite and helpful.

Reply from Staff: Thank you!

Donna R. said: This was a seamless process. It probably took one minute to fill out my information and upload the document. It was formatted and sent immediately. It was processed the next day at the county recorders office. I have zero complaints. Before finding this company I spent an entire day calling and leaving messages at other e-filing companies like simplfile and others but they all required subscriptions. I just needed to file a single document now and then so that was not a good fit. (And those companies I found out still require the customer to do all the work!). Deeds.com kept me informed throughout the process every step. I'm happy to write this review. Thank you

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!