San Benito County Affidavit of Surviving Spouse Forms (California)

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Form Package

Affidavit of Surviving Spouse

State

California

Area

San Benito County

Price

$27.97

Delivery

Immediate Download

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Included Forms

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

Affidavit of Surviving Spouse Form

Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/1/2024

Affidavit of Surviving Spouse Guide

Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 1/11/2024

Completed Example of the Affidavit of Surviving Spouse Document

Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.
Included document last reviewed/updated 2/16/2024

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 or San Benito 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 San Benito 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 San Benito 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 San Benito County that you need to transfer you would only need to order our forms once for all of your properties in San Benito County.

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.

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:

  • San Benito County

Including:

  • Hollister
  • Paicines
  • San Juan Bautista
  • Tres Pinos

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.

(California Affidavit of Surviving Spouse Package includes form, guidelines, and completed example)

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.

Reviews

4.8 out of 5 (4287 Reviews)

Viviana Hansen M.

March 3rd, 2024

I was thrilled that I could execute the paperwork for a lady bird deed here in Florida ! \r\nThank you

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Allison M.

February 28th, 2024

Completely painless process! Great customer service! Thank you for everything!

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Kay Y.

February 27th, 2024

Fast and easy service.

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Your words of encouragement and feedback are greatly appreciated. They motivate us to maintain high standards in our service.

Laura B.

December 2nd, 2019

Downloaded and completed these quit claim forms in less than one cup of coffee, quick easy and stress free.

Reply from Staff

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Elaine L.

July 21st, 2020

5 STAR, THIS WAS A GREAT EXPERIENCE, FAST VERY RESOURCEFUL TOOL TO PROVIDE FOR MY CLIENTS. Thank you

Reply from Staff

Thank you!

Anthony P.

December 7th, 2021

Documents exactly as described, no complaints.

Reply from Staff

Thank you!

Cruz C.

December 8th, 2020

L-o-v-e your site. Great over-all usable docs. thanks

Reply from Staff

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Joseph F.

June 10th, 2021

I Found Deeds.com to be fabulous. I had no idea how or where to start to get a quitclaim deed. deeds.com made it effortless and easy to complete the paperwork with great instructions and information. I highly recommend deeds.com

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Justin C.

January 28th, 2021

I was a first-time customer to Deeds.com and was very pleased with my ability to navigate the site and find just what I needed in a very short time. Great value for the price.

Reply from Staff

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Robert C.

May 31st, 2023

Not easy to navigate as a first time user. I printed the first page but lost the link to the second page.

Reply from Staff

Thank you for taking the time to provide us with your valuable feedback. I'm sorry to hear that you've encountered difficulties with our website's navigation, particularly as a first-time user.

Furthermore, your comments about the website's navigation have been taken into account. We continually strive to improve our website and make it as intuitive and user-friendly as possible. Your feedback is crucial for us in achieving this goal.

Thank you again for your feedback. If you have any other suggestions or need further assistance, please don't hesitate to contact us.

Lori G.

June 17th, 2019

I needed to add my husband to my deed.
an attorney would charge me $275.00.
I decided to file myself. This makes
it easy. Not done w/the process yet.
But so far so good! :)

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kendall B.

September 24th, 2019

Good

Reply from Staff

Thank you!

Fawn T.

March 31st, 2023

So easy, forms were great, examples of filled out forms, and instructions guide. Made it way easier, totally worth it!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Mary S.

March 26th, 2022

Wonderful!! So easy to locate the file you need and printing is a snap!! Thank you so much for this service! I will definitely be sharing your site!!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Craig J.

June 7th, 2021

Package downloaded without any problems. Help sheet was fair. Maybe they could cross reference the help number on the help sheet to the form better - somehow. Overall, I was pleased. I was able to download, fill in the blanks and do what edits I thought it needed with ease. Cost was very reasonable. I'll give it a 5.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!