California Forms

Santa Clara County Affidavit of Surviving Spouse Form

Santa Clara County Affidavit of Surviving Spouse Form

Santa Clara County Affidavit of Surviving Spouse Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/8/2025
Santa Clara County Affidavit of Surviving Spouse Guide

Santa Clara County Affidavit of Surviving Spouse Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/30/2025
Santa Clara County Completed Example of the Affidavit of Surviving Spouse Document

Santa Clara County Completed Example of the Affidavit of Surviving Spouse Document

Example of a properly completed form for reference.

Document Last Validated 4/17/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk-Recorder
Address:
110 West Tasman Drive (ATTN: Recording-First floor)
San Jose, California 95134

Hours: 8:00 a.m. to 4:30 p.m

Phone: (408) 299-5688

Recording Tips for Santa Clara County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Check that your notary's commission hasn't expired
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Santa Clara County

Properties in any of these areas use Santa Clara County forms:

  • Alviso
  • Campbell
  • Coyote
  • Cupertino
  • Gilroy
  • Holy City
  • Los Altos
  • Los Gatos
  • Milpitas
  • Morgan Hill
  • Mount Hamilton
  • Mountain View
  • New Almaden
  • Palo Alto
  • Redwood Estates
  • San Jose
  • San Martin
  • Santa Clara
  • Saratoga
  • Stanford
  • Sunnyvale

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Santa Clara County

How do I get my forms?

Forms are available for immediate download after payment. The Santa Clara 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 Santa Clara County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Clara 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 Santa Clara 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 Santa Clara County?

Recording fees in Santa Clara County vary. Contact the recorder's office at (408) 299-5688 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 Santa Clara County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Spouse meets all recording requirements specific to Santa Clara County.

Our Promise

The documents you receive here will meet, or exceed, the Santa Clara 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 Clara 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.

4.8 out of 5 - ( 4578 Reviews )

Devra R.

May 30th, 2022

A refreshingly easy service to use. They offer auxiliary forms as a courtesy. Theres no "gotcha" capitalism. You pay the reasonable fee and the needed forms are accessible instantly to download. I've used it twice so far and it worked perfectly!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

DAVID E.

January 2nd, 2025

Very professional and knowledgeable. Great communication.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Carol C.

October 20th, 2021

Thanks. So easy to navigate. Also very useful. I recommend.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Gary J.

September 15th, 2020

Whomever "KCH" is, that person was of great help. It took me several tries due my inexperience with ADOBE SCAN, but that certainly is no fault of yours!! KVH was very patient with me, and in fact resolved the things I was doing wrong for me, without my even requesting the assistance.

Reply from Staff

Thank you!

Deborah A.

July 26th, 2022

Excellent,

Reply from Staff

Thank you!

Jean W.

April 21st, 2021

helpful if there was a space so one could type in the exemption # on the blank form before printing

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

David P.

August 8th, 2019

Easy to use, all the information I wanted. Took about a minute to get it.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Miles B.

June 15th, 2019

Fast, professional work at a great price.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Frank S.

March 28th, 2025

ALL THE DEED DOCUMENTS ARE ALL EXCELLENT AND ADDITIONAL DOCUMENTS REGARDING COMPLETING THE DOCUMENTS!!! EXCELLENT!!

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Cynthia (Cindy) R.

August 24th, 2020

This has been the most seamless process I have ever experienced. Thank you for addressing my needs so quickly and professionally.

Reply from Staff

Thank you!

Michael G.

July 14th, 2025

Very helpful and easy to use

Reply from Staff

Your appreciative words mean the world to us. Thank you.

Mary R.

February 19th, 2024

Love to use DEEDS>COM

Reply from Staff

Thank you Mary.

Nancy B.

July 22nd, 2021

Very user-friendly. Looks like everything I needed in one place. Great job.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

william w.

January 23rd, 2019

Simple, straight forward, and easy to use.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Fritz C.

August 27th, 2020

Quick and complete info

Reply from Staff

Thank you!