San Mateo County Affidavit of Surviving Spouse Form

San Mateo County Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.

San Mateo County Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.

San Mateo County Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and San Mateo County documents included at no extra charge:
Where to Record Your Documents
San Mateo County Recorder
Redwood City, California 94063-1665
Hours: Monday through Friday 8:00am to 5:00pm
Phone: (650) 363-4500
Recording Tips for San Mateo County:
- Ask if they accept credit cards - many offices are cash/check only
- Bring extra funds - fees can vary by document type and page count
- Request a receipt showing your recording numbers
Cities and Jurisdictions in San Mateo County
Properties in any of these areas use San Mateo County forms:
- Atherton
- Belmont
- Brisbane
- Burlingame
- Daly City
- El Granada
- Half Moon Bay
- La Honda
- Loma Mar
- Menlo Park
- Millbrae
- Montara
- Moss Beach
- Pacifica
- Pescadero
- Portola Valley
- Redwood City
- San Bruno
- San Carlos
- San Francisco
- San Gregorio
- San Mateo
- South San Francisco
Hours, fees, requirements, and more for San Mateo County
How do I get my forms?
Forms are available for immediate download after payment. The San Mateo County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in San Mateo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Mateo County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in San Mateo County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in San Mateo County?
Recording fees in San Mateo County vary. Contact the recorder's office at (650) 363-4500 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in San Mateo County to use these forms. Documents should be recorded at the office below.
This Affidavit of Surviving Spouse meets all recording requirements specific to San Mateo County.
Our Promise
The documents you receive here will meet, or exceed, the San Mateo 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 Mateo 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 6th, 2020
I filled out the deed, had it notarized, and recorded. No problems. I put this off for so long. Once I had the form it was recorded in one day.
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November 23rd, 2019
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December 31st, 2021
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February 8th, 2019
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January 10th, 2021
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February 20th, 2022
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December 24th, 2018
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William S.
June 4th, 2021
Contents were well done. Could not remove and replace the "Deeds/" footer, rendering the form unusable for filing with a court and county deed records. This should be corrected.
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