California - Santa Barbara County Affidavit of Surviving Spouse Forms

Included Forms

All Santa Barbara 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 Santa Barbara County supplemental forms are included as a courtesy with your order.

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Transfer Tax Exemptions List (Santa Barbara County Document)

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Certificate of Acknowledgment (Santa Barbara County Document)

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Building Homes and Jobs Act (Santa Barbara County Document)

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Preliminary Change of Ownership Report (Santa Barbara County Document)

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Jurat (Santa Barbara County Document)

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Building Homes and Jobs Act - Fee Grid (Santa Barbara County Document)

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Declaration of Exemption Form (Santa Barbara County Document)

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Parent to Child Exclusion Form (Santa Barbara County Document)

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Grandparent to Grandchild Exclusion Form (Santa Barbara County Document)

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Change in Ownership Statement - Death of Real Property Owner (Santa Barbara County Document)

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

• Santa Barbara County

Including:

• Buellton
• Carpinteria
• Casmalia
• Goleta
• Guadalupe
• Lompoc
• Los Alamos
• Los Olivos
• New Cuyama
• Santa Barbara
• Santa Maria
• Santa Ynez
• Solvang
• Summerland

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 Santa Barbara 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 Santa Barbara 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.

Customer Reviews:

4.8 out of 5 (3883 Reviews)

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February 4th, 2023

Name: Laura D.

Review: Great forms - I got several property deeds and really appreciated that they came with the required state forms (for NY). the sample completed form is also really helpful. Attorney wanted hundreds- with this form it is the same amount of work but I can file myself for the cost of lunch!!

Reply from Staff on February 4th, 2023

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February 3rd, 2023

Name: Steve W.

Review: Simple and easy transaction

Reply from Staff on February 3rd, 2023

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February 3rd, 2023

Name: ERHAN S.

Review: amazing time and cost saving service for me. Thank you.

Reply from Staff on February 3rd, 2023

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Name: Stephen D.

Review: Very good hope to use in the future.

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Name: jim g.

Review: so far so good. was hoping to have the recorded document already. i need the recorded document by friday, june 5th for my city approval. anyway you can please get it to me tomorrow. thanks, jim

Reply from Staff

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Name: Ronald L.

Review: There is not enough room on the form to describe my property which was taken directly from the previous deed. Other than that worked as expected.

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Name: Hoang N.

Review: Thank you for helping. Deeds online service is so good. I would refer to my friends or whoever if they need this services. once again you guy is doing great work

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Name: Anne W.

Review: 3 stars for ease of use on the website. Subracted 2 stars for the forms being PDFs that you are unable to complete online, they have to be printed. Very inefficient.

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Name: Allan A.

Review: Excellent service, communication and done in a timely fashion. Worth the cost for the convenience and safety

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Name: Janice L.

Review: The forms were easy to request. I'm assuming that the download will be as well. Im so glad that I can upload the information without having to leave my home.

Reply from Staff

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Name: Bradley B.

Review: This was a good way to find the owners of land located in the middle of some that I owned. The experience was fairly easy and the cost reasonable.

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Name: SHARON D.

Review: This is one of the easiest sites to purchase and download needed forms. I would highly recommend this site.

Reply from Staff

Thank you Sharon. We really appreciate you. Enjoy your holidays.

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Name: Laurie R.

Review: FIVE STARS !!! Clear instructions Easy to navigate Thanks for making this easy for those of us who are not tech savvy

Reply from Staff

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Name: George D.

Review: The TODD form has been notarized and registered with my county Register of Deeds office, so it works just fine. My only quibble is that when I printed it out, it missed part of the last line of the notary's info and the fine print in the bottom corners. When I printed it at 90% scale, it included those things.

Reply from Staff

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Name: Francine B.

Review: Looks like all forms are available. Hope they are as easy to use as it was to obtain. Thank you.

Reply from Staff

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