California Forms

Alameda County Affidavit of Surviving Spouse Form

Alameda County Affidavit of Surviving Spouse Form

Alameda County Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.

Validated 7/8/2025 Preview Form
Alameda County Affidavit of Surviving Spouse Guide

Alameda County Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.

Validated 7/30/2025 Preview Form
Alameda County Completed Example of the Affidavit of Surviving Spouse Document

Alameda County Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.

Validated 4/17/2025 Preview Form

All 3 documents above included • One-time purchase • No recurring fees

Important: Your property must be located in Alameda County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Alameda County Clerk-Recorder

Address:
1106 Madison St
Oakland, California 94607

Hours: Mon-Fri 8:30 to 4:30 (avoid 12:00 to 2:00)

Phone: 510-272-6362 or 888-280-7708

Dublin Office

Address:
7600 Dublin Blvd, Suite 160 (enter through courtyard)
Dublin, California 94568

Hours: Mon-Fri 8:30 to 4:30

Phone: as above

Recording Tips for Alameda County:
  • Bring your driver's license or state-issued photo ID
  • Ask if they accept credit cards - many offices are cash/check only
  • Request a receipt showing your recording numbers
  • Both spouses typically need to sign if property is jointly owned
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Alameda County

Properties in any of these areas use Alameda County forms:

  • Alameda
  • Albany
  • Berkeley
  • Castro Valley
  • Dublin
  • Emeryville
  • Fremont
  • Hayward
  • Livermore
  • Newark
  • Oakland
  • Piedmont
  • Pleasanton
  • San Leandro
  • San Lorenzo
  • Sunol
  • Union City

How do I get my forms?

Forms are available for immediate download after payment. The Alameda County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Alameda County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Alameda County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Alameda County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Alameda County?

Recording fees in Alameda County vary. Contact the recorder's office at 510-272-6362 or 888-280-7708 for current fees.

Have other questions? Contact our support team

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)

Important: Your property must be located in Alameda County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Spouse meets all recording requirements specific to Alameda County.

Our Promise

The documents you receive here will meet, or exceed, the Alameda County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Alameda County Affidavit of Surviving Spouse form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4569 Reviews )

Norma V.

May 9th, 2020

So far it's been great. My 2 deeds were accepted and prepared for recording very quickly. Now I am waiting for the County to record them and Deeds.com to e-send them back to me. Very impressive!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Marilyn S.

August 20th, 2022

I was pleased with the service and product.

Reply from Staff

Thank you!

Gerlinde H.

June 18th, 2019

This was fantastic. I downloaded the document, filled it out, printed it, had it notarized and drove to the recorders office and had it recorded within less than 15 minutes. Instructions are precise and easy to understand. You saved me hundreds of dollars a lawyer would have charged for the same work.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Scott S.

November 20th, 2020

This is the best resource I have found for documents related to beneficiary deeds!

Reply from Staff

Thank you!

CINDY P.

July 30th, 2019

Such any easy process! Thank you!

Reply from Staff

Thank you Cindy, we appreciate your feedback.

Monica T.

January 8th, 2025

Super easy to use. Very pleased. The turn around time was very fast. I have another one pending. Thank you!

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Rose C.

September 12th, 2020

easy breezy *****

Reply from Staff

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Shelba M.

July 26th, 2023

The web site is alright, not the easiest to navigate and the wording on the papers could be simpler to understand.

Reply from Staff

Thank you for your feedback! We appreciate your input regarding the website's navigation and the wording on our documents. We'll definitely take your suggestions into account to improve the user experience and make the content more accessible and easier to understand. Your insights are valuable to us as we strive to enhance our services. If you have any further suggestions or concerns, please feel free to share them with us. Thank you again for your feedback!

Julie Z.

December 7th, 2024

Just getting started with this process, but I was delighted to find this resource to speed up the decision making. Excellent! Very helpful!

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Elizabeth M.

August 18th, 2021

So fare easy and straight forward

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Catherine P.

January 2nd, 2019

I got what I needed and you provided great templates.

Reply from Staff

Thank you!

Michael C.

January 4th, 2023

Overall positive experience; especially liked immediate access to downloaded documents and instructions. My only concern was lack of adequate space in portions of your beneficiary deed blank form which then required me to use 3 exhibits to complete all necessary documents for the county recorders office. Assuming they accept them I will call this a strong win. Thanks.

Reply from Staff

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Judith S.

February 15th, 2022

Nice and Easy: two of my favorite things.

Reply from Staff

Thank you!

Dianne C.

July 13th, 2023

Love it

Reply from Staff

Thank you!

Linda s.

October 10th, 2020

This was such an easy process and even tho you had to pay a $15 - to me it was well worth not having to drive downtown etc or take the risk of mailing the documents (fearing that they would get lost). I'll be using this from now on...

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!