All Stanislaus County specific forms and documents listed below are included in your immediate download package:
The Following California and Stanislaus County supplemental forms are included as a courtesy with your order.
Transfer Tax Declaration (Stanislaus County Document)
Preliminary Change of Ownership Report (Stanislaus County Document)
Certificate of Acknowledgment (Stanislaus County Document)
Building Homes and Jobs Act (Stanislaus County Document)
Building Homes and Jobs Act - Fee Grid (Stanislaus County Document)
Transfer Tax Exemptions List (Stanislaus County Document)
Jurat (Stanislaus County Document)
Declaration of Exemption Form (Stanislaus County Document)
Affidavit of Cotenant Residency (Stanislaus County Document)
Parent to Child Exclusion Form (Stanislaus County Document)
Grandparent to Grandchild Exclusion Form (Stanislaus County Document)
Change in Ownership Statement - Death of Real Property Owner (Stanislaus 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 Stanislaus 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 Stanislaus 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.
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!!
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February 3rd, 2023
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Review: Simple and easy transaction
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February 3rd, 2023
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Review: Completed, notarized, and recorded with no issues.
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Review: Using your site was simple, and the forms downloaded as expected.
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Review: Submitting documents electronically through Deeds.com saved me time and provided the best possible service for me in the comfort of my own home. There's no faster, better way to record documents than e-recording with Deeds.com.
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Review: Thank you for making this deed available. The guide was such a big help.
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Review: Was a bit difficult to navigate. I feel a fee to access the site and a fee to print is a bit much. I am in the real estate business and find the deeds very useful
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