Madera County Affidavit of Surviving Spouse Forms (California)

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Form Package

Affidavit of Surviving Spouse

State

California

Area

Madera County

Price

$27.97

Delivery

Immediate Download

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Included Forms

All Madera County specific forms and documents listed below are included in your immediate download package:

Affidavit of Surviving Spouse Form

Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 10/25/2023

Affidavit of Surviving Spouse Guide

Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 1/11/2024

Completed Example of the Affidavit of Surviving Spouse Document

Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.
Included document last reviewed/updated 2/16/2024

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

What are supplemental forms?

Often when a deed is recorded additional documents are required by or Madera 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.

How do I get my forms, are they emailed?

After you submit payment you will see a page listing the Madera County 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 Madera 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.

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 Madera County that you need to transfer you would only need to order our forms once for all of your properties in Madera County.

Are these forms guaranteed to be recordable in Madera County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Madera 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.

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.

Areas Covered by These Affidavit of Surviving Spouse Forms:

  • Madera County

Including:

  • Ahwahnee
  • Bass Lake
  • Chowchilla
  • Coarsegold
  • Madera
  • North Fork
  • O Neals
  • Oakhurst
  • Raymond
  • Wishon

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.

(California Affidavit of Surviving Spouse Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Madera 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 Madera 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.

Reviews

4.8 out of 5 (4282 Reviews)

Suzanne A.

February 25th, 2024

The purchase and download from Deeds.com were pleasantly straightforward. The actual of filing not so obvious in our case.

Reply from Staff

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Thomas J.

February 22nd, 2024

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Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

RHONDA G.

February 22nd, 2024

Was driven to this site by the county website. It took a bit of work having to create an account, etc. The example was useful; however the example only showed both parties in the same county, nor did the instructions mention anything about differing counties. This caused an oversight on my part.

Reply from Staff

Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.

Elaine L.

July 21st, 2020

5 STAR, THIS WAS A GREAT EXPERIENCE, FAST VERY RESOURCEFUL TOOL TO PROVIDE FOR MY CLIENTS. Thank you

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September 30th, 2020

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Lenore H.

March 13th, 2019

I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.

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Stephanie S.

July 24th, 2019

I received my information almost immediately. I read a few more things on the website and then refreshed and it was there! SO much easier than having to go to the office myself - thanks!!

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Thank you!

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March 2nd, 2022

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January 9th, 2024

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March 8th, 2023

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Tracy B.

March 20th, 2020

I was happy with the way this worked and the quick responses. Unfortunately, my documents could not be pulled.
I will use this service again in the future.

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March 26th, 2019

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August 10th, 2022

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Reply from Staff

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February 4th, 2024

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November 18th, 2019

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