All Monterey County specific forms and documents listed below are included in your immediate download package:
The Following California and Monterey County supplemental forms are included as a courtesy with your order.
Beneficial Ownership Statement (Monterey County Document)
Preliminary Change of Ownership Report (Monterey County Document)
Affidavit of Entity Transfer (Monterey County Document)
Transfer Tax Exemptions List (Monterey County Document)
Certificate of Acknowledgment (Monterey County Document)
Building Homes and Jobs Act (Monterey County Document)
Jurat (Monterey County Document)
Building Homes and Jobs Act - Fee Grid (Monterey County Document)
Declaration of Fee Grid (Monterey County Document)
Affidavit of Cotenant Residency (Monterey County Document)
Parent to Child Exclusion Form (Monterey County Document)
Grandparent to Grandchild Exclusion Form (Monterey County Document)
Change in Ownership Statement - Death of Real Property Owner (Monterey County Document)
Transfer Tax Exemptions List (California Document)
Preliminary Change of Ownership Report (California Document)
Building Homes and Jobs Act (California Document)
Declaration of Exemption Form (California Document)
Parent to Child Exclusion Form (California Document)
Grandparent to Grandchild Exclusion Form (California Document)
Affidavit of Cotenant Residency (California Document)
Change in Ownership Statement - Death of Real Property Owner (California Document)
Including:
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.
The documents you receive here will meet, or exceed, the Monterey County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Monterey 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.
January 28th, 2023
Name: Conrad R.
Review: Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.
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January 27th, 2023
Name: LIsa B.
Review: Deeds.com made this process of electronic document recording so easy! The communication was quick, friendly, helpful and efficient. I am out of state and have administrative items to handle for my father who has Alzheimer's. Deeds.com is a great service. I highly recommend them, and will use them again when the time comes.
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January 27th, 2023
Name: Victor K.
Review: The form I needed was correct and paginated as required. It was accepted w/o penalties. I was not happy about the information which I found way too scant. One sample form does not cover enough possibilities, more would be helpful. The instruction page is a bit better but sometimes it is not clear enough - sometimes it is not clear what the numbered items in the form correspond to. There is no guidance about the process and it would take very little to provide it. Example about "description", say where to find. There is a bunch of "free forms" attached but no guide on which are needed and when. Example: at the counter I was given a paper "conveyance" form and asked to fill it - I did not know it was needed and what it did and so I had not d
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Name: Amy R.
Review: Great personal support via messaging. Website confusing and broken links in emails.
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Name: LEIGH M.
Review: Skamania County, WA tax affidavit wouldn't download. Otherwise, a good program
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Review: So happy, great forms made everything a breeze.
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Name: Deneene C.
Review: Was a great help to me. I'm very pleased .
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Review: The forms was easy to use and the guides was helpful
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Review: FIVE STARS !!! Clear instructions Easy to navigate Thanks for making this easy for those of us who are not tech savvy
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Review: Great service. The issue I had was uploading the file of several pages. Once I learned, everything became clear and easier. The support group have been extremely prompt and helpful, I would surely use the service again and recommend the serivce.
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Review: Super Easy!
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Name: Audrey T.
Review: The info was good for the money, but not all that I needed.
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Name: Maggie C.
Review: Easy to use fantastic website. Immediately found the Sheriff's Deed I needed.
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Name: Jeffrey M.
Review: Great service. It had all the forms I needed.
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