Monterey County Affidavit of Surviving Spouse Form (California)

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

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.
Included Monterey County compliant document last validated/updated 10/9/2024

Affidavit of Surviving Spouse Guide

Monterey County Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.
Included Monterey County compliant document last validated/updated 4/2/2025

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.
Included Monterey County compliant document last validated/updated 4/17/2025

When using these Affidavit of Surviving Spouse forms, the subject real estate must be physically located in Monterey County. The executed documents should then be recorded in the following office:

Assessor/Recorder/County Clerk

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

Local jurisdictions located in Monterey County include:

  • 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

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Monterey County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Monterey County using our eRecording service.
Are these forms guaranteed to be recordable in Monterey County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Monterey County including margin requirements, content requirements, font and font size requirements.

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by California or Monterey 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.

What type of files are the forms?

All of our Monterey 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 Monterey 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 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.

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MARY LACEY M.

June 30th, 2025

Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn

Reply from Staff

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

Robert F.

June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

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Pauline C.

June 29th, 2025

Everything that was stated to be included in my order was complete. Very satisfied

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Rob F.

April 16th, 2025

They are fantastic. I am a little technically challenged, but very helpful and respectful. Highly recommended.rnThank you

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Kimberly F.

April 22nd, 2020

Ordered and received the quitclaim form. Exactly what I expected, perfect.

Reply from Staff

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Larry S.

February 25th, 2023

I think it needs to be easier to enlarge print to fit an 8"x12" sheet of paper. Printing off samples is difficult to read as it is too small

Reply from Staff

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

John S.

June 29th, 2021

Your service is refreshingly clear, simple, and free of superfluous claims or unnecessary marketing. And, more affordable than other online legal document providers I've looked at. So nice! I forgot I had used it some years ago for another deed so glad you are still around for this time.

Reply from Staff

Thank you for the kind words John. Have a fantastic day!

john g.

January 11th, 2019

no problems got what i needed.

Reply from Staff

Thanks John.

Catherine E.

January 7th, 2021

I was referred to your company, but when i tried to process the recording of a deed to a property in City of Philadelphia my service was rejected. I appreciated the feedback i received from one of your representatives who instructed me in the right process for recording a deed in philadelphia. Thank you for all your help. The deed that needed to be recorded was overnighted yesterday.
Stay safe and mask up

Reply from Staff

Thank you!

Gail W.

July 2nd, 2019

Easy to use!!

Reply from Staff

Thank you!

Lynd P.

January 14th, 2019

Good

Reply from Staff

Thanks Lynd.

Jamie F.

February 13th, 2019

I purchased he Alabama Correction Warranty Deed Form to correct a mistake in the legal description. However, this form says it must be signed by all who previously signed the deed. One of these people is now deceased. Can I use this form? How would it be different? I would give you 5 stars but wish this issue had been addressed. Thanks.

Reply from Staff

Thank you for your feedback. From the product description: All parties who signed the prior deed must sign the correction deed in the presence of a notary.

Wilma D.

August 7th, 2020

The certification of trust looks fine to me. I printed it and filled it out and had it notarized today. I have not sent it to the company that wants it yet so that will be the test. They are very picky. If they have any comment I will let you know.

Reply from Staff

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Robert M.

October 4th, 2020

Quick and friendly answers. So Easy!

Reply from Staff

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JOHN F.

May 24th, 2023

Quick and easy! I had previously prepared a Lady Bird deed, submitted it through Deeds.com and it was accepted/recorded by my county in just a few hours. The Deed.com $21 fee was well worth it as I saved fuel, tolls and parking costs not to mention at least 2-3 hours of my time that it would've taken to get downtown and back home!

Reply from Staff

Thanks for the feedback John. We appreciate you taking the time to share your experience. Have an amazing day!