California - Napa County Affidavit of Surviving Spouse Forms

Included Forms

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

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Included Supplemental Documents

The Following California and Napa County supplemental forms are included as a courtesy with your order.

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Preliminary Change of Ownership Report (Napa County Document)

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Transfer Tax Exemptions List (Napa County Document)

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Certificate of Acknowledgment (Napa County Document)

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Building Homes and Jobs Act (Napa County Document)

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Jurat (Napa County Document)

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Declaration of Exemption Form (Napa County Document)

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Parent to Child Exclusion Form (Napa County Document)

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Grandparent to Grandchild Exclusion Form (Napa County Document)

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Change in Ownership Statement - Death of Real Property Owner (Napa County Document)

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Affidavit of Cotenant Residency (Napa County Document)

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Transfer Tax Exemptions List (California Document)

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Preliminary Change of Ownership Report (California Document)

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Building Homes and Jobs Act (California Document)

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Declaration of Exemption Form (California Document)

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Parent to Child Exclusion Form (California Document)

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Grandparent to Grandchild Exclusion Form (California Document)

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Affidavit of Cotenant Residency (California Document)

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Change in Ownership Statement - Death of Real Property Owner (California Document)

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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 California or Napa 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 Napa 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 Napa 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 Napa County that you need to transfer you would only need to order our forms once for all of your properties in Napa County.
• Are these forms guaranteed to be recordable in Napa County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Napa 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:

• Napa County

Including:

• American Canyon
• Angwin
• Calistoga
• Deer Park
• Napa
• Oakville
• Pope Valley
• Rutherford
• Saint Helena
• Yountville

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.

Our Promise

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

Customer Reviews:

4.8 out of 5 (3883 Reviews)

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February 4th, 2023

Name: Laura D.

Review: 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!!

Reply from Staff on February 4th, 2023

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February 3rd, 2023

Name: Steve W.

Review: Simple and easy transaction

Reply from Staff on February 3rd, 2023

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

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February 3rd, 2023

Name: ERHAN S.

Review: amazing time and cost saving service for me. Thank you.

Reply from Staff on February 3rd, 2023

Thank you!

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Name: Barry B.

Review: Convenient and easy.

Reply from Staff

Thank you!

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Name: Sheryl L.

Review: EZ to use program....was able to print all forms ordered. I expect to go back to to use recording ability. Instructions are easily followed...would be nice to have confirmation included but they are available to purchase. Hope for successful recording of TOD affidavit. Pretty good value...attorney quoted well over the price I paid for package.

Reply from Staff

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Name: Gerald B.

Review: Thank you so much for the helpful service and quick action! If needed, I will definitely choose Deeds.com again.

Reply from Staff

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Name: silvia m.

Review: Used the forms for a quitclaim deed. Worked great! Also, big bonus to have the extra forms available, needed a couple of them. Highly recommend...

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Name: Robert P.

Review: excellent reference

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Name: Joe S.

Review: My first experience with deeds.com was excellent. My task was handled promptly and efficiently. Count on me as a repeat customer.

Reply from Staff

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Name: Lindsay B.

Review: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.

Reply from Staff

Thanks Lindsay, we appreciate your feedback.

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Name: Sara M.

Review: Love these docs, and so does the recorder's office. Recording always goes so smooth, no issues ever. THANKS!!!

Reply from Staff

Awesome! Thanks for the kind words Sara.

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Name: angela t.

Review: good forms for what i needed.

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Name: Carol H.

Review: Great help Quite useful

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Name: David B.

Review: I'm not sure how a forms web-site could be so, but I find deeds.com to be sweet.

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Name: Mark M.

Review: So nice to find the forms I was looking for. Great site!! Thanks

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