Marin County Affidavit of Surviving Spouse Forms (California)

Form Package

Affidavit of Surviving Spouse

State

California

Area

Marin County

Price

$27.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I agree to the Terms of Use and I understand I am purchasing blank real estate deed forms and not a copy of my existing deed.

You must agree before submitting.

Place Order - Download

More info on getting a copy of your existing deed and eRecording.

Included Forms

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

Included Supplemental Documents

The following California and Marin County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Affidavit of Surviving Spouse Forms:

• Marin County

Including:

• Belvedere Tiburon
• Bolinas
• Corte Madera
• Dillon Beach
• Fairfax
• Forest Knolls
• Greenbrae
• Inverness
• Kentfield
• Lagunitas
• Larkspur
• Marshall
• Mill Valley
• Nicasio
• Novato
• Olema
• Point Reyes Station
• Ross
• San Anselmo
• San Geronimo
• San Quentin
• San Rafael
• Sausalito
• Stinson Beach
• Tomales
• Woodacre

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 Marin 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 Marin 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 (4320 Reviews)