All San Benito County specific forms and documents listed below are included in your immediate download package:
The Following California and San Benito County supplemental forms are included as a courtesy with your order.
Affidavit of Entity Transfer (San Benito County Document)
Preliminary Change of Ownership Report (San Benito County Document)
Transfer Tax Affidavit (San Benito County Document)
Certificate of Acknowledgment (San Benito County Document)
Building Homes and Jobs Act (San Benito County Document)
Transfer Tax Exemptions List (San Benito County Document)
Jurat (San Benito County Document)
Building Homes and Jobs Act - Fee Grid (San Benito County Document)
Declaration of Exemption Form (San Benito County Document)
Grandparent to Grandchild Exclusion Form (San Benito County Document)
Parent to Child Exclusion Form (San Benito County Document)
Change in Ownership Statement - Death of Real Property Owner (San Benito County Document)
Transfer Tax Exemptions List (California Document)
Preliminary Change of Ownership Report (California Document)
Building Homes and Jobs Act (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 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.
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.
February 4th, 2023
Name: Laura D.
Review: Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!
Reply from Staff on February 4th, 2023
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February 3rd, 2023
Name: Steve W.
Review: Simple and easy transaction
Reply from Staff on February 3rd, 2023
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February 3rd, 2023
Name: ERHAN S.
Review: amazing time and cost saving service for me. Thank you.
Reply from Staff on February 3rd, 2023
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Name: Sheryl L.
Review: EZ to use program....was able to print all forms ordered. I expect to go back to to use recording ability. Instructions are easily followed...would be nice to have confirmation included but they are available to purchase. Hope for successful recording of TOD affidavit. Pretty good value...attorney quoted well over the price I paid for package.
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Name: John Z.
Review: This was an easy to use program. Easy payment. documents are on my desktop ready to fill out. I will have to update after my property transfer. Zuna
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Name: FRANK D.
Review: Excellent software along with my other Will/Trust programs. I always use your program regarding deeds.
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Review: Outstanding products and interface. DCM, IL Attorney
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Review: Good & friendly software, complete & clear instructions & guidance, generates proper forms that were readily accepted @ Clerk & Recorder Office, all of this @ reasonable cost. Five Stars!
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