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All Fresno County specific forms and documents listed below are included in your immediate download package:
The Following California and Fresno County supplemental forms are included as a courtesy with your order.
Transfer Tax Exemptions List (Fresno County Document)
Certificate of Acknowledgment (Fresno County Document)
Building Homes and Jobs Act (Fresno County Document)
Preliminary Change of Ownership Report (Fresno County Document)
Jurat (Fresno County Document)
Building Homes and Jobs Act - Fee Grid (Fresno County Document)
Declaration of Exemption Form (Fresno County Document)
Grandparent to Grandchild Exclusion Form (Fresno County Document)
Change in Ownership Statement - Death of Real Property Owner (Fresno County Document)
Affidavit of Cotenant Residency (Fresno County Document)
Parent to Child Exclusion Form (Fresno County Document)
Transfer Tax Exemptions List (California Document)
Preliminary Change of Ownership Report (California Document)
Building Homes and Jobs Act (California Document)
Declaration of Exemption Form (California Document)
Parent to Child Exclusion Form (California Document)
Grandparent to Grandchild Exclusion Form (California Document)
Affidavit of Cotenant Residency (California Document)
Change in Ownership Statement - Death of Real Property Owner (California Document)
Including:
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.
The documents you receive here will meet, or exceed, the Fresno County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Fresno 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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Review: Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!
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February 3rd, 2023
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Review: The DEEDs website is very easy to navigate and find the required documents. I have not yet had an opportunity to review the documents I purchased and downloaded. That is the reason I have assigned a rating of four stars. I fully hope that can raise my rating to five stars after I've used those documents.
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Review: While most of the material is available elsewhere, this puts it all together and can save a lot of time. It included some additional information on California SB2 exemptions that was a big help.
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Review: Needed a Limited Power of Attorney form for a real estate transaction in another state. Proper form came up immediately and was fairly easy to complete. I think the sample completed form should have been more completely explained in layman's language instead of legalese (such as person granting permission instead of grantor or something like your name and address and the person who will be signing on your behalf) but since the form was one price no matter how many ways it was printed out, it was fine. I just filled it out several ways and had it notarized and sent it to my sister. Whichever combination is appropriate she and the lawyer will have. I found the site easy to navigate
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