Los Angeles County Affidavit of Surviving Spouse Form

Additional California and Los Angeles County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Los Angeles County

Properties in any of these areas use Los Angeles County forms:

• Acton
• Agoura Hills
• Alhambra
• Altadena
• Arcadia
• Artesia
• Avalon
• Azusa
• Baldwin Park
• Bell
• Bell Gardens
• Bellflower
• Beverly Hills
• Burbank
• Calabasas
• Canoga Park
• Canyon Country
• Carson
• Castaic
• Cerritos
• Chatsworth
• City Of Industry
• Claremont
• Compton
• Covina
• Culver City
• Diamond Bar
• Downey
• Duarte
• El Monte
• El Segundo
• Encino
• Gardena
• Glendale
• Glendora
• Granada Hills
• Hacienda Heights
• Harbor City
• Hawaiian Gardens
• Hawthorne
• Hermosa Beach
• Huntington Park
• Inglewood
• La Canada Flintridge
• La Crescenta
• La Mirada
• La Puente
• La Verne
• Lake Hughes
• Lakewood
• Lancaster
• Lawndale
• Littlerock
• Llano
• Lomita
• Long Beach
• Los Angeles
• Lynwood
• Malibu
• Manhattan Beach
• Marina Del Rey
• Maywood
• Mission Hills
• Monrovia
• Montebello
• Monterey Park
• Montrose
• Mount Wilson
• Mt Baldy
• Newhall
• North Hills
• North Hollywood
• Northridge
• Norwalk
• Pacific Palisades
• Pacoima
• Palmdale
• Palos Verdes Peninsula
• Panorama City
• Paramount
• Pasadena
• Pearblossom
• Pico Rivera
• Playa Del Rey
• Pomona
• Porter Ranch
• Rancho Palos Verdes
• Redondo Beach
• Reseda
• Rosemead
• Rowland Heights
• San Dimas
• San Fernando
• San Gabriel
• San Marino
• San Pedro
• Santa Clarita
• Santa Fe Springs
• Santa Monica
• Sherman Oaks
• Sierra Madre
• Signal Hill
• South El Monte
• South Gate
• South Pasadena
• Stevenson Ranch
• Studio City
• Sun Valley
• Sunland
• Sylmar
• Tarzana
• Temple City
• Toluca Lake
• Topanga
• Torrance
• Tujunga
• Universal City
• Valencia
• Valley Village
• Valyermo
• Van Nuys
• Venice
• Verdugo City
• Walnut
• West Covina
• West Hills
• West Hollywood
• Whittier
• Wilmington
• Winnetka
• Woodland Hills

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 Los Angeles County to use these forms. Documents should be recorded at the office below.

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

Our Promise

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

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