Santa Clara County Affidavit of Surviving Spouse Form
Last validated March 31, 2026 by our Forms Development Team
Santa Clara County Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.

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

Santa Clara 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 Santa Clara County documents included at no extra charge:
Where to Record Your Documents
County Clerk-Recorder
San Jose, California 95134
Hours: 8:00 a.m. to 4:30 p.m
Phone: (408) 299-5688
Recording Tips for Santa Clara County:
- Bring your driver's license or state-issued photo ID
- White-out or correction fluid may cause rejection
- Bring extra funds - fees can vary by document type and page count
- Avoid the last business day of the month when possible
- Leave recording info boxes blank - the office fills these
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
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 the applicable formatting requirements used for recording in Santa Clara County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
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 are guaranteed to meet or exceed the applicable Santa Clara County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
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