California - San Joaquin County Affidavit of Surviving Spouse Forms

Included Forms

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

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Included Supplemental Documents

The Following California and San Joaquin County supplemental forms are included as a courtesy with your order.

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Affidavit of Exemption Form (San Joaquin County Document)

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Co-Signer Affidavit of Exemption Form (San Joaquin County Document)

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Preliminary Change of Ownership Report (San Joaquin County Document)

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Certificate of Acknowledgment (San Joaquin County Document)

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Building Homes and Jobs Act (San Joaquin County Document)

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Instructions for Affidavit of Exemption Form (San Joaquin County Document)

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Jurat (San Joaquin County Document)

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Building Homes and Jobs Act - Fee Grid (San Joaquin County Document)

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Declaration of Exemption Form (San Joaquin County Document)

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Parent to Child Exclusion Form (San Joaquin County Document)

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Grandparent to Grandchild Exclusion Form (San Joaquin County Document)

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Affidavit of Cotenant Residency (San Joaquin County Document)

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Change in Ownership Statement - Death of Real Property Owner (San Joaquin County Document)

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Transfer Tax Exemptions List (California Document)

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Preliminary Change of Ownership Report (California Document)

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Building Homes and Jobs Act (California Document)

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Declaration of Exemption Form (California Document)

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Parent to Child Exclusion Form (California Document)

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Grandparent to Grandchild Exclusion Form (California Document)

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Affidavit of Cotenant Residency (California Document)

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Change in Ownership Statement - Death of Real Property Owner (California Document)

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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 Joaquin 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 Joaquin 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 Joaquin 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 Joaquin County that you need to transfer you would only need to order our forms once for all of your properties in San Joaquin County.
• Are these forms guaranteed to be recordable in San Joaquin County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Joaquin 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 Joaquin County

Including:

• Acampo
• Clements
• Escalon
• Farmington
• French Camp
• Holt
• Lathrop
• Linden
• Lockeford
• Lodi
• Manteca
• Ripon
• Stockton
• Thornton
• Tracy
• Vernalis
• Victor
• Woodbridge

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.

Our Promise

The documents you receive here will meet, or exceed, the San Joaquin 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 Joaquin 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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January 28th, 2023

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Review: Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.

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January 27th, 2023

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January 27th, 2023

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Review: The form I needed was correct and paginated as required. It was accepted w/o penalties. I was not happy about the information which I found way too scant. One sample form does not cover enough possibilities, more would be helpful. The instruction page is a bit better but sometimes it is not clear enough - sometimes it is not clear what the numbered items in the form correspond to. There is no guidance about the process and it would take very little to provide it. Example about "description", say where to find. There is a bunch of "free forms" attached but no guide on which are needed and when. Example: at the counter I was given a paper "conveyance" form and asked to fill it - I did not know it was needed and what it did and so I had not d

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Review: Quick and easy to use. I was able to download the Transfer on Death Deed form to my computer so that I can read through and fill them out at a later time. That made it convenient and "no pressure". The complimentary guide and completed example that came with the form was also very helpful.

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Name: NATALIE A.

Review: The form was very easy to use and the sample tool you had was very helpful. the only problem i had was saving the document and then trying to find it later. I finally was able to figure out how to save it. but i still cannot find the saved document on my computer. Luckily i printed it before i closed it and did not need to make any changes.

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