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All Sonoma County specific forms and documents listed below are included in your immediate download package:
The Following California and Sonoma County supplemental forms are included as a courtesy with your order.
Preliminary Change of Ownership Report (Sonoma County Document)
Transfer Tax Exemptions List (Sonoma County Document)
Certificate of Acknowledgment (Sonoma County Document)
Building Homes and Jobs Act (Sonoma County Document)
Jurat (Sonoma County Document)
Building Homes and Jobs Act - Fee Grid (Sonoma County Document)
Declaration of Exemption Form (Sonoma County Document)
Grandparent to Grandchild Exclusion Form (Sonoma County Document)
Affidavit of Cotenant Residency (Sonoma County Document)
Change in Ownership Statement - Death of Real Property Owner (Sonoma County Document)
Parent to Child Exclusion Form (Sonoma 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)
Including:
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.
The documents you receive here will meet, or exceed, the Sonoma County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Sonoma 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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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!!
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February 3rd, 2023
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Review: Simple and easy transaction
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Review: A better or more simplified explanation of what some of the more common titles would be used for would help. You list 6-8 types of Trusts alone. An example of doing a Grant Deed to move a property into, out of, or from a Trust to a Trust would have been helpful.
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