Orange County Affidavit of Surviving Spouse Form

Last validated July 27, 2026 by our Forms Development Team

Orange County Affidavit of Surviving Spouse Form

Orange County Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/22/2026
Orange County Affidavit of Surviving Spouse Guide

Orange County Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/27/2026
Orange County Completed Example of the Affidavit of Surviving Spouse Document

Orange County Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.

Document Last Validated 7/9/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Orange County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Administration South

Address:
601 N. Ross St.
Santa Ana, California 92701

Hours: 8 a.m. - 4:30 p.m. Monday - Friday

Phone: (714) 834-2500

Old Orange County Courthouse

Address:
211 West Santa Ana Blvd.
Santa Ana, California 92701

Hours: Hours: 8 a.m. to 4:30 p.m., Monday - Friday

Phone: (714) 834-2500

South County Branch Office

Address:
24031 El Toro Rd, Suite 150
Santa Ana, California 92653

Hours: Monday through Friday 9:00 am to 4:30 pm / Recording until 4:00pm

Phone: (714) 834-2500

North County Branch Office

Address:
201 N Harbor Blvd
Fullerton , California 92832

Hours: Monday through Friday 9:00 am to 4:00 pm

Phone: (714) 834-2500

Recording Tips for Orange County:
  • Double-check legal descriptions match your existing deed
  • White-out or correction fluid may cause rejection
  • Verify all names are spelled correctly before recording
  • Recorded documents become public record - avoid including SSNs
  • Request a receipt showing your recording numbers

Cities and Jurisdictions in Orange County

Properties in any of these areas use Orange County forms:

  • 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

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Orange County

How do I get my forms?

Forms are available for immediate download after payment. The Orange County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Orange County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Orange County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Orange County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Orange County?

Recording fees in Orange County vary. Contact the recorder's office at (714) 834-2500 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Orange County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Spouse meets all recording requirements specific to Orange County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Orange County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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.

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April 16th, 2025

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James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

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November 19th, 2020

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July 16th, 2020

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May 31st, 2019

I got the form and guide just fine, but the "completed example" showed up as another blank form.

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December 30th, 2022

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May 14th, 2022

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September 25th, 2020

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November 17th, 2019

Forms were easy to complete and print.

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April 14th, 2022

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March 31st, 2025

The papers allowed me to get done what I needed. But for the price I would expect a spell check. There were spelling errors when there should not have been any. Please proof read

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CINDY P.

July 30th, 2019

Such any easy process! Thank you!

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JUDITH-DIAN W.

June 28th, 2023

I didn't have any problem downloading and filling out the form on my computer and printing it yesterday. I didn't know what to put for "Source of Title". I called the county recording office; they didn't know either and said to leave it blank. I got the form notarized at my bank and took it in to the recording office. They checked it, accepted it, I paid a fee, and it's done. So easy. My children will appreciate that I've done this. Added note: You do have one typo on your form--you left out 'at'. It should read: "You should carefully read all information at the end of this form."

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Phyllis M.

August 3rd, 2019

Using your site was very easy. I found what my friend said she wanted easily and downloaded it to retype her quitclaim deed.

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