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California - Orange County Affidavit of Surviving Spouse Forms

Express Checkout (Download)

Form Package
Affidavit of Surviving Spouse
State
California
Area
Orange County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Orange County Affidavit of Surviving Spouse Form Page 1

Affidavit of Surviving Spouse Form - Orange County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/8/2022

Orange County Affidavit of Surviving Spouse Guide Page 1

Affidavit of Surviving Spouse Guide - Orange County

Line by line guide explaining every blank on the form.
Included document last updated 8/29/2022

Orange County Completed Example of the Affidavit of Surviving Spouse Document Page 1

Completed Example of the Affidavit of Surviving Spouse Document - Orange County

Example of a properly completed form for reference.
Included document last updated 4/5/2022

Included Supplemental Documents

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)


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

  • Orange County

Including:

  • Aliso Viejo
  • Anaheim
  • Atwood
  • Brea
  • Buena Park
  • Capistrano Beach
  • Corona Del Mar
  • Costa Mesa
  • Cypress
  • Dana Point
  • East Irvine
  • El Toro
  • Foothill Ranch
  • Fountain Valley
  • Fullerton
  • Garden Grove
  • Huntington Beach
  • Irvine
  • La Habra
  • La Palma
  • Ladera Ranch
  • Laguna Beach
  • Laguna Hills
  • Laguna Niguel
  • Laguna Woods
  • Lake Forest
  • Los Alamitos
  • Midway City
  • Mission Viejo
  • Newport Beach
  • Newport Coast
  • Orange
  • Placentia
  • Rancho Santa Margarita
  • San Clemente
  • San Juan Capistrano
  • Santa Ana
  • Seal Beach
  • Silverado
  • Stanton
  • Sunset Beach
  • Surfside
  • Trabuco Canyon
  • Tustin
  • Villa Park
  • Westminster
  • Yorba Linda

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 Orange 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 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.

Customer Reviews:

4.8 out of 5 (3722 Reviews)


September 28th, 2022

Name: Angel C.

Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.

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September 28th, 2022

Name: ian a.

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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