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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)
Certificate of Acknowledgment (California Document)
Building Homes and Jobs Act (California Document)
Jurat (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.
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Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
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Review: This was so easy to use. I appreciated the finished sample to guide me and the proper attachments necessary to process my Quit Claim Deed. I am gifting it to my nephew as I am too old to run farm and I live in a different state now. I tried other websites but their info was not up to date or accurate. Thank you so much. 71 Y/O Nana.
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