All Orange County specific forms and documents listed below are included in your immediate download package:
The Following California and Orange County supplemental forms are included as a courtesy with your order.
Parent to Child Exclusion Form (Orange County Document)
Building Homes and Jobs Act (Orange County Document)
Transfer Tax Exemptions List (Orange County Document)
Preliminary Change of Ownership Report (Orange County Document)
Certificate of Acknowledgment (Orange County Document)
Jurat (Orange County Document)
Building Homes and Jobs Act-Fee Grid (Orange County Document)
Declaration of Exemption Form (Orange County Document)
Grandparent to Grandchild Exclusion Form (Orange County Document)
Affidavit of Cotenant Residency (Orange County Document)
Change in Ownership Statement - Death of Real Property Owner (Orange 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 Orange 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 Orange 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 31st, 2023
Name: Gertrude M.
Review: Rating 5 stars
Reply from Staff on January 31st, 2023
Thank you!
January 30th, 2023
Name: Mark S.
Review: Had the forms i needed for illinois. More than i expected. Most companies would charge per form.
Reply from Staff on January 30th, 2023
Thank you!
January 29th, 2023
Name: Catherine V.
Review: I love simple and easy! This is the model that many businesses should use!
Reply from Staff on January 29th, 2023
Thank you!
Name: Jane D.
Review: Very easy to navigate and we get exactly what we need, when we need it! Also, they keep Tra k of previous purchases, so you don't have to repurchase! It's great!
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Dale K.
Review: A very user friendly website!
Reply from Staff
Thank you!
Name: Melvin M.
Review: loads of forms and instructions....for a good buy...it would help to know where to send the forms after completing them...
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Beata K.
Review: Loved it! Extremely easy to use. Quick and efficient. I was able to officially record my documents within a day.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Fred A.
Review: Very nice forms offer, very thoughtful to include other related forms that may be necessary. The site was easy to use, and very fast. Thank You.
Reply from Staff
Thank you!
Name: Reida S.
Review: Have used two times. Smooth transaction both times. Fast, simple and easy to use system. Would use them again in the future.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Wava B.
Review: Obtaining the form was quick and easy. Thank You
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: Janice W.
Review: Great instructions, samples, ease in getting the form I needed, filling it out as a PDF, and having it ready for a Notary's signature. I was hesitant a first, but glad I paid the fee - now it is done!
Reply from Staff
Great to hear Janice! Thanks, have a great day!
Name: Chris M.
Review: simple, Clean, and easy, to retrieve the forms i needed, while on this site. and the Fee for the Fill-in forms is Remarkably inexpensive, to say the least!
Reply from Staff
Thank you!
Name: RAMONA F.
Review: Good communication but they were unable to help me
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Ray L.
Review: Thank you, I am very satisfied with the process and will provide a final review after the documents are completed and accepted by the state.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Jessica F.
Review: Found exactly what I was looking for in a matter of minutes at a very reasonable fee.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!