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California - San Mateo County Affidavit of Surviving Spouse Forms

Express Checkout (Download)

Form Package
Affidavit of Surviving Spouse
State
California
Area
San Mateo County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


San Mateo County Affidavit of Surviving Spouse Form Page 1

Affidavit of Surviving Spouse Form - San Mateo County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/20/2023

San Mateo County Affidavit of Surviving Spouse Guide Page 1

Affidavit of Surviving Spouse Guide - San Mateo County

Line by line guide explaining every blank on the form.
Included document last updated 1/20/2023

San Mateo County Completed Example of the Affidavit of Surviving Spouse Document Page 1

Completed Example of the Affidavit of Surviving Spouse Document - San Mateo County

Example of a properly completed form for reference.
Included document last updated 12/26/2022

Included Supplemental Documents

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


Transfer Tax Affidavit (San Mateo County Document)


Certificate of Acknowledgment (San Mateo County Document)


Building Homes and Jobs Act (San Mateo County Document)


Preliminary Change of Ownership Report (San Mateo County Document)


Transfer Tax Exemptions List (San Mateo County Document)


Jurat (San Mateo County Document)


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


Transfer Tax Information Sheet (San Mateo County Document)


Declaration of Exemption Form (San Mateo County Document)


Parent to Child Exclusion Form (San Mateo County Document)


Grandparent to Grandchild Exclusion Form (San Mateo County Document)


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


Affidavit of Cotenant Residency (San Mateo County Document)


Transfer Tax Exemptions List (California Document)


Preliminary Change of Ownership Report (California Document)


Building Homes and Jobs Act (California Document)


Declaration of Exemption Form (California Document)


Parent to Child Exclusion Form (California Document)


Grandparent to Grandchild Exclusion Form (California Document)


Affidavit of Cotenant Residency (California Document)


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


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

Including:

  • 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

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 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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