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
Payment Information
Included Forms
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 document last reviewed/updated 4/18/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/18/2024
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
Included Supplemental Documents
The following California and San Benito County supplemental forms are included as a courtesy with your order.
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 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.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
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 (4324 Reviews)
Michael L.
April 25th, 2024
Professional, simple. Very good.
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April 25th, 2024
Always helpful!\r\n
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Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
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barbara m.
March 16th, 2021
deeds.com is the most efficient, easy to use site for legal forms I've found! Thank You
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October 19th, 2019
was good choice for me but did not realize notary had to witness all 3 signatures at the same luckily had extra copy to be signed in her presence
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Theodore K.
September 8th, 2021
This does the job but we are not able to save this in our account and if you don't pay for Adobe and only have Adobe reader, I cannot save any information on the form online in my account. I do understand why they do this because they would lose money. A huge issue is that when I got to the end of the document and was adding an Exhibit A, as I typed, the page kept jumping back up the to top and I couldn't see what I was typing. I had to type a little then scroll back down and when I would type more, it would jump up again. This was a real problem.
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Tim M.
February 2nd, 2024
This is my first time using this amazing service. I wish I was told about this before I went all the way downtown, drove thru construction zones, paid for parking only to be told the computer system had crashed. \r\nI was referred to Deeds.com and I will not use the downtown system again.
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February 18th, 2021
Listen, I love your services. It's been such a convenience utilizing it.
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Edward L.
March 6th, 2019
Excellent web site with just the right documents. Filled a very important need in less tha 2 minutes time.
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March 26th, 2020
Five stars from me. this is a very useful service with great results.
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Jill M.
January 12th, 2019
This service gave me the information and guide I needed to file a Quitclaim Deed. I went through the process with no problems at all.
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January 19th, 2019
Very helpful! Unfortunately, they didn't have what I needed, but they got back to me quickly and didn't charge me anything. Easy to work with.
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June 3rd, 2021
I had a excellent experience using DEEDS.COM. Very clear directions and site was easy to use. I paid the fee to have my deed electronically filed and it was done the day I requested it be filed.
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Gerlinde H.
June 18th, 2019
This was fantastic. I downloaded the document, filled it out, printed it, had it notarized and drove to the recorders office and had it recorded within less than 15 minutes. Instructions are precise and easy to understand. You saved me hundreds of dollars a lawyer would have charged for the same work.
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Evelynne H.
December 3rd, 2020
The service was quick and easy to use. Which is something I really appreciate.
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