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California - Kern County Affidavit of Surviving Spouse Form
Deed Form Available For Download All Kern County specific forms listed below are included in your immediate download:
Kern County Affidavit of Surviving Spouse Form Page 1
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 10/11/2017
Kern County Affidavit of Surviving Spouse Guide Page 1
Affidavit of Surviving Spouse Guide - Kern County
Line by line guide explaining every blank on the form.
Included | Document last updated 10/11/2017
Kern County Completed Example of the Affidavit of Surviving Spouse Document Page 1
Completed Example of the Affidavit of Surviving Spouse Document - Kern County
Example of a properly completed form for reference.
Included | Document last updated 10/11/2017
Preliminary Change of Ownership
Preliminary Change of Ownership *
Included supplemental form
This is a required form in Kern County, due at the time of recording. There is a $20.00 penalty fee for non compliance.
Parent to Child Exclusion
Parent to Child Exclusion *
Included supplemental form
A real property transfer from parent to child is exempt from transfer tax. This form is used for a reassessment exclusion, which could prevent an increase in property taxes.
Grandparent to Grandchild Exclusion
Grandparent to Grandchild Exclusion *
Included supplemental form
A real property transfer from parent to child is exempt from transfer tax. This form is used for a reassessment exclusion, which could prevent an increase in property taxes.
Change in Ownership Statement Death of Real Property Owner
Change in Ownership Statement Death of Real Property Owner *
Included supplemental form
This form is used by the personal representative of the deceased property owner, who files this statement with the Kern County Assessor to request a Completed Change in Ownership Statement.
Affidavit of Cotenant Residency
Affidavit of Cotenant Residency *
Included supplemental form
If a real property transfer from one cotenant to the other is the result of the death of one of them, the transfer may not constitute a change in ownership, provided it meets the criteria listed on the form. This form is used by the surviving cotenant to claim exclusion from reassessment, which could prevent an increase in property taxes.
Transfer Tax
Transfer Tax *
Included supplemental form
If your conveyance is exempt you will need the R&T Code of the exemption and a brief explanation. These pages show exemptions that might meet your situation and the explanation needed for the form.
Homeowners Exemption
Homeowners Exemption *
Included supplemental form
Use these forms to claim or cancel a homeowners’ exemption if the real property is transferred or becomes/ceases to be the primary residence.
Notary Certificates
Notary Certificates *
Included supplemental form
The supplemental forms in this section can be used as loose certificates by California notaries.
*Supplemental forms (forms other than the actual deed form) are made available as a courtesy with your order. Supplemental forms come directly from the state or local jurisdiction that requires them, we offer no support for the supplemental forms, we did not make them.
Frequently Asked Questions:
  • 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?
    • 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 forms?
    • 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 installed.
  • 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 and exceed all formatting requirements set forth by Kern County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • What is included in the download?
    • 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 installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

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.
Areas covered by these Affidavit of Surviving Spouse Forms:
  • Kern County
Including:
  • Arvin
  • Bakersfield
  • Bodfish
  • Boron
  • Buttonwillow
  • Caliente
  • California City
  • Cantil
  • Delano
  • Edison
  • Edwards
  • Fellows
  • Frazier Park
  • Glennville
  • Inyokern
  • Johannesburg
  • Keene
  • Kernville
  • Lake Isabella
  • Lamont
  • Lebec
  • Lost Hills
  • Maricopa
  • Mc Farland
  • Mc Kittrick
  • Mojave
  • Onyx
  • Randsburg
  • Ridgecrest
  • Rosamond
  • Shafter
  • Taft
  • Tehachapi
  • Tupman
  • Wasco
  • Weldon
  • Wofford Heights
  • Woody
 
Included Kern County Affidavit of Surviving Spouse Forms
 
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Major Said: Very happy with my forms done and done thanks!!!
Product Rating Stars 9 out of 10 on 10/02/17
Mary Huycke Said: The form was correct the instructions were detailed and clear and it was easy to fill out.
Product Rating Stars 10 out of 10 on 09/15/17