San Benito County Affidavit of Surviving Spouse Form

San Benito County Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.

San Benito County Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.

San Benito County Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and San Benito County documents included at no extra charge:
Where to Record Your Documents
County Clerk - Auditor - Recorder
Hollister, California 95023-3843
Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00
Phone: (831) 636-4046
Recording Tips for San Benito County:
- Double-check legal descriptions match your existing deed
- Leave recording info boxes blank - the office fills these
- Check margin requirements - usually 1-2 inches at top
- If mailing documents, use certified mail with return receipt
Cities and Jurisdictions in San Benito County
Properties in any of these areas use San Benito County forms:
- Hollister
- Paicines
- San Juan Bautista
- Tres Pinos
Hours, fees, requirements, and more for San Benito County
How do I get my forms?
Forms are available for immediate download after payment. The San Benito 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 San Benito County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Benito County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in San Benito 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 San Benito County?
Recording fees in San Benito County vary. Contact the recorder's office at (831) 636-4046 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 San Benito County to use these forms. Documents should be recorded at the office below.
This Affidavit of Surviving Spouse meets all recording requirements specific to San Benito County.
Our Promise
The documents you receive here will meet, or exceed, the San Benito 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 San Benito 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.
4.8 out of 5 - ( 4578 Reviews )
julie S.
June 24th, 2022
I love this company!! Excellent customer service and quick!! Thank you
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Richard A.
February 17th, 2023
Deeds.com was easy to use and provided everything needed to do a quitclaim deed!
Thank you!
John A.
December 21st, 2021
Very easy to use. Would recommend to anyone
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Charles S.
September 15th, 2022
I was very please with the deed, deed of trust and the deed of trust note. It save me a lot of preparation time.
Thank you!
Charlotte B.
August 2nd, 2021
I was very impressed with this service. It's a very important tool to be able to get the documents filed properly. I was not able to understand how to fill in the blanks on line.
Thank you for your feedback. We really appreciate it. Have a great day!
Pierre M.
October 13th, 2020
The form was very easy to fill out. The instructions were clear. Overall, a very user friendly product that made my job easier. Thanks you.
Thank you!
Anna S.
July 17th, 2020
You guys are awesome, The service, expertise and quick communication were amazing. I think you guys are charging to little, but you didn't hear that from me. Thank you for making this process quick and easy.
Thank you for your feedback. We really appreciate it. Have a great day!
Karen B.
January 13th, 2020
Completed although having the sample really helped. Now to file.
Thank you for your feedback. We really appreciate it. Have a great day!
Janet M.
February 9th, 2024
Deed.com is an amazing site. After calling many places and going on many websites to figure out what I needed to submit (most counties cannot help with questions and the place I needed to turn the documents into could not help either, they are not allowed to give legal advice) I came across Deeds.com. It has been so helpful and I was able to research what documents I needed. I purchased one document and after more research I realized I needed a different document. Deed.com refunded my first purchase. I then purchased an Affidavit of Death and a Deed for the county and state I needed them for. Both the example and guide were very helpful and I will be submitting my documents after I have them notarized. I give five stars
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Mary K.
October 25th, 2020
Fantastic way to record any deed! Done in less than a few hours, right to your inbox. Very small fee compared to driving to office or waiting for the mail.
Thank you for your feedback. We really appreciate it. Have a great day!
Jerri S.
February 28th, 2019
Very helpful. Print out go to court house spent less then 15 minutes there and done! Thanks will use again.
Thank you Jerri, we appreciate your feedback.
Gabriel R.
August 24th, 2022
So far the service seems good, simple to use. One criticism, the password change feature should require the user to re-enter their old password, new password, and re-enter the new password to make sure there is no typos. Thanks.
Thank you for your feedback. We really appreciate it. Have a great day!
James K.
January 12th, 2023
Gave me exactly what i needed
Thank you for your feedback. We really appreciate it. Have a great day!
Michael G M.
October 26th, 2022
The download files should have the name of the form included. The present numeric soup is frustrating to navigate.
Thank you for your feedback. We really appreciate it. Have a great day!
STEPHEN C.
January 22nd, 2020
Excellent service. Easy to use. Thank you.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!