California - Kern County Affidavit of Surviving Spouse Form
All Kern County specific forms listed below are included in your immediate download:
Affidavit of Surviving Spouse Form - Kern County
|Fill in the blank form formatted to comply with all recording and content requirements.
|Included document last updated 2/6/2018
Affidavit of Surviving Spouse Guide - Kern County
|Line by line guide explaining every blank on the form.
|Included document last updated 2/9/2018
Completed Example of the Affidavit of Surviving Spouse Document - Kern County
|Example of a properly completed form for reference.
|Included document last updated 2/8/2018
the state or
them, we offer
no support for
forms, we did
not make them.
Frequently Asked Questions:
- How long does it take to get my
- Forms are available
immediately after submitting
- How do I get my forms, are they
- After you submit payment you
will see a page listing the
forms you ordered with a
download link to the pdf form
file. You download the forms to
your computer. You will also
receive an email with a link to
your download page in case you
need it later.
- What type of files are the
- All of our 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
- Can the 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 a given county
that you need to transfer you
would only need to order our
forms once for all of your
properties in that county.
- Are these forms guaranteed to be
recordable in Kern County ?
- Yes. Our form blanks are
guaranteed to meet or exceed
all formatting requirements set
forth by Kern County including
margin requirements, content
requirements, font and font size
- 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
- 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.
- What is included in the
- A fill in the blank form
used to create your Affidavit of Surviving Spouse.
- A guide that explains every
blank on the Affidavit of Surviving Spouse Form.
- A completed example of the Affidavit of Surviving Spouse to give you an idea of what a properly completed document looks like.
- All supplemental forms that
may be required by Kern County when recording your document.
- 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
- Are there any recurring
- No. Nothing to cancel, no
memberships, no recurring fees.
Areas covered by these Affidavit of Surviving Spouse Forms:
- California City
- Frazier Park
- Lake Isabella
- Lost Hills
- Mc Farland
- Mc Kittrick
- Wofford Heights
What is the California Affidavit of Surviving Spouse?
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.
Save time and money.
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Customer Rating: 9.50 out of 10 (2 Reviews)
On 02/16/18 Mary Huycke Said:
The form was correct the instructions were detailed and clear and it was easy to fill out.
On 02/14/18 Major Said:
Very happy with my forms done and done thanks!!!
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Price: $19.97 (Immediate Download)
Notice: You are ordering blank forms, NOT a copy of your existing deed.