Monterey County Affidavit of Surviving Spouse Form

Last validated July 27, 2026 by our Forms Development Team

Monterey County Affidavit of Surviving Spouse Form

Monterey County Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/22/2026
Monterey County Affidavit of Surviving Spouse Guide

Monterey County Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/27/2026
Monterey County Completed Example of the Affidavit of Surviving Spouse Document

Monterey County Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.

Document Last Validated 7/9/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Monterey County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Assessor/Recorder/County Clerk

Address:
168 West Alisal St, 1st floor / PO Box 29
Salinas, California 93902-0570

Hours: Mon-Fri 8:00 am to 5:00 pm / Recording until 4:00 pm

Phone: (831) 755-5041 or toll free from peninsula (831) 647-77

Recording Tips for Monterey County:
  • Documents must be on 8.5 x 11 inch white paper
  • Both spouses typically need to sign if property is jointly owned
  • Some documents require witnesses in addition to notarization

Cities and Jurisdictions in Monterey County

Properties in any of these areas use Monterey County forms:

  • Aromas
  • Big Sur
  • Bradley
  • Carmel
  • Carmel By The Sea
  • Carmel Valley
  • Castroville
  • Chualar
  • Gonzales
  • Greenfield
  • Jolon
  • King City
  • Lockwood
  • Marina
  • Monterey
  • Moss Landing
  • Pacific Grove
  • Pebble Beach
  • Salinas
  • San Ardo
  • San Lucas
  • Seaside
  • Soledad
  • Spreckels

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Monterey County

How do I get my forms?

Forms are available for immediate download after payment. The Monterey County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Monterey County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Monterey County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Monterey County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Monterey County?

Recording fees in Monterey County vary. Contact the recorder's office at (831) 755-5041 or toll free from peninsula (831) 647-77 for current fees.

Questions answered? Let's get started!

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

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Monterey County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

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.

4.8 out of 5 - ( 4764 Reviews )

Laura D.

February 4th, 2023

Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!

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ROBERT H.

January 11th, 2019

No review provided.

Reply from Staff

Thank you!

Fred B.

February 8th, 2019

Great service and all seems to be what I was looking for

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Thank you Fred, have a great day!

Ronald P.

August 18th, 2020

Very easy to use... awaiting info

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Thank you for your feedback. We really appreciate it. Have a great day!

Valerie W.

March 24th, 2026

I haven't gotten around to filling out the forms yet, but they look fine to me on the surface. looking forward to getting to them as soon as I can!

Reply from Staff

Thank you, Valerie. When you’re ready, everything will be available in your account.

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March 17th, 2021

I wish that I had known about Deed.com years ago! Very easy and time saving!

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Thank you!

Craig W.

August 18th, 2019

This is a great way to get paper work to the land love it

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William R.

May 6th, 2026

Yes I received the forms downloaded them and the example is very helpful as I have not used this form before, Thank you

Reply from Staff

We’re glad the completed example helped make the process easier for you. Thanks for the review, William, and thank you for choosing us.

bruce t.

May 16th, 2022

Much good information provided. Forms easy to use. Price is a bargain.

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Barbara G.

September 20th, 2025

Easy to use. I especially am thankful for the guide.

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Christine P.

January 15th, 2019

I was hoping to find information of a property belonging to my grandparents. Your site says it can go back 10-20 years I will just have to go to the courthouse and research. But very good site if your looking for recent information.

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Melinda L.

April 23rd, 2022

Easy to find what I needed and a good price. Very satisfied.

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Cheryl D.

August 24th, 2020

How easy was this. I was pleasantly surprised by the speed and price. Saved me several days of snail mail :) thanks deeds.com!

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John P.

December 8th, 2019

Working with one document at a time every thing was great, but the program will not let multiple documents save independently. When I saved a document and created another document the changes I made on the second document were on the 1st document. No big deal if your printing, but if your saving to email later, its an issue.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Darrel V.

September 27th, 2020

Pretty easy to use and timely, too!

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