Alameda County Affidavit of Surviving Spouse Form (California)
All Alameda County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Alameda County compliant document last validated/updated 10/9/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included Alameda County compliant document last validated/updated 4/2/2025
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included Alameda County compliant document last validated/updated 4/17/2025
The following California and Alameda County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Spouse forms, the subject real estate must be physically located in Alameda County. The executed documents should then be recorded in one of the following offices:
Alameda County Clerk-Recorder
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
7600 Dublin Blvd, Suite 160 (enter through courtyard), Dublin, California 94568
Hours: Mon-Fri 8:30 to 4:30
Phone: as above
Local jurisdictions located in Alameda County include:
- Alameda
- Albany
- Berkeley
- Castro Valley
- Dublin
- Emeryville
- Fremont
- Hayward
- Livermore
- Newark
- Oakland
- Piedmont
- Pleasanton
- San Leandro
- San Lorenzo
- Sunol
- Union City
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Alameda County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Alameda County using our eRecording service.
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 the Affidavit of Surviving Spouse forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Alameda County that you need to transfer you would only need to order our forms once for all of your properties in Alameda County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Alameda County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Alameda County Affidavit of Surviving Spouse forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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)
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.
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June 30th, 2025
Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn
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Robert F.
June 30th, 2025
Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.
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Pauline C.
June 29th, 2025
Everything that was stated to be included in my order was complete. Very satisfied
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CECIL E C.
June 27th, 2019
You made it easy to attain the documents I needed. The cost was very reasonable...thanks
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Desiree T.
September 4th, 2020
In a world where "immediate satisfaction" takes too long, Deeds provided exceptionally satisfying service. Answered all of my questions quickly, and had my document recorded within one day. Thank you so much!
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Dorothy B.
November 4th, 2020
Love your deed service. Simple and easy.
Thank you!
william h.
September 26th, 2022
got what I needed.
Thank you!
Melvin L.
June 8th, 2022
So easy, very simple to use. I was very pleased with the service Deeds provided. Would definely use again.
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Steven C.
May 1st, 2019
Easy but a little overpriced
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Joseph I.
July 27th, 2021
Your instructions and sample are geared towards businesses. It would have been helpful to have included some for us individuals as married couples as well.
I also recall one or two spelling errors on the form that I could not fix, and the instructions seem to be for a prior form. This particular registry also required a stamped self-addressed envelope for return of documents. Hey, you asked!
Overall, pleased.
Thank you for your feedback. We really appreciate it. Have a great day!
Maria S.
January 10th, 2019
The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.
Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.
Sheryl G.
November 27th, 2021
Simple way to complete documents with very detailed instructions. And to be able to e-file them is great too.
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Susan M.
July 13th, 2019
I was able to download a lot of forms that I need, will be going back to day to search for records so I can fill in the blanks. A great website for forms - It was easy to find what I needed and download! Thanks!!!
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Kevin M.
December 3rd, 2021
My first time using Deeds.com and I am impressed how much you offer and how easy it is to use this site. Had the real-estate forms I needed plus a bonus of how to fill them out. Best value on the internet for real-estate forms and information.
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Jessica H.
March 3rd, 2021
As a first time user I was a little skeptical of the service. But Deeds.com put all my worries aside. Their service is quick and easy. I will definitely be using it again.
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