California - Sierra County Affidavit of Surviving Spouse Forms

Included Forms

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

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Grandparent to Grandchild Exclusion Form (Sierra County Document)

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Preliminary Change of Ownership Report (Sierra County Document)

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Transfer Tax Exemptions List (Sierra County Document)

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Parent to Child Exclusion Form (Sierra County Document)

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Certificate of Acknowledgment (Sierra County Document)

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Building Homes and Jobs Act (Sierra County Document)

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Jurat (Sierra County Document)

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

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Declaration of Exemption From (Sierra County Document)

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Change in Ownership Statement Death of Real Property Owner (Sierra 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 Sierra 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 Sierra 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 Sierra 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 Sierra County that you need to transfer you would only need to order our forms once for all of your properties in Sierra County.
• Are these forms guaranteed to be recordable in Sierra County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sierra 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:

• Sierra County

Including:

• Alleghany
• Calpine
• Downieville
• Goodyears Bar
• Loyalton
• Sierra City
• Sierraville

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 Sierra 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 Sierra 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:

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January 29th, 2023

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Review: I love simple and easy! This is the model that many businesses should use!

Reply from Staff on January 29th, 2023

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January 28th, 2023

Name: Conrad R.

Review: Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.

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January 27th, 2023

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Review: Deeds.com made this process of electronic document recording so easy! The communication was quick, friendly, helpful and efficient. I am out of state and have administrative items to handle for my father who has Alzheimer's. Deeds.com is a great service. I highly recommend them, and will use them again when the time comes.

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Name: Maria S.

Review: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.

Reply from Staff

Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.

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Name: David T.

Review: This is a great service and terrific value. The form package provided (blank form, example form & set of instructions) was clear and easy to follow. Being able to complete the forms using the computer to insert the needed information saved countless hours. My completed form was accepted by the Clerk & Recorder office without any issue. Well worth the investment

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Name: Herman B.

Review: Special Warranty Deed I can't seem to type all my info in the blank spaces. It won't allow me to type any more. Maybe you should consider either allowing typists to type more (leaving more space) or allowing more room to type more.

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