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
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:
- Bring your driver's license or state-issued photo ID
- Check that your notary's commission hasn't expired
- Request a receipt showing your recording numbers
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.
Have other questions? Contact our support team
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.
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February 11th, 2022
You could make instructions clearer on the download process and when download is complete. You could also group things together for 1 or 2 "big" downloads.
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March 23rd, 2021
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September 14th, 2021
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Donna J.
May 22nd, 2019
what do you do with it once filled out. doesn't tell you
Generally, once the documents are completed and executed they are recorded with the recorder where the property is located.
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April 11th, 2022
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July 14th, 2022
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June 15th, 2021
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September 14th, 2022
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June 16th, 2020
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