San Benito County Affidavit of Surviving Spouse Form (California)
All San Benito County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included San Benito County compliant document last validated/updated 7/26/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included San Benito County compliant document last validated/updated 7/10/2024
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included San Benito County compliant document last validated/updated 5/31/2024
The following California and San Benito County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Spouse forms, the subject real estate must be physically located in San Benito County. The executed documents should then be recorded in the following office:
County Clerk - Auditor - Recorder
440 5th St, Rm 206, Hollister, California 95023-3843
Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00
Phone: (831) 636-4046
Local jurisdictions located in San Benito County include:
- Hollister
- Paicines
- San Juan Bautista
- Tres Pinos
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the San Benito County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in San Benito County using our eRecording service.
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 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.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California 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.
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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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.
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August 19th, 2022
The Beneficiary Deed is easy to fill out, expecially with the examples/explanations provided. The only recommendation I would make is to state that the Parcel ID and the Assessor's ID are one in the same. I looked everywhere for something that mentions "Assessor's ID" in my paperwork to no avail. Upon calling the Maricopa Assessor's number in Maricopa I was told that they are the same.
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