Sutter County Affidavit of Surviving Spouse Form (California)
All Sutter County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Sutter County compliant document last validated/updated 10/9/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included Sutter County compliant document last validated/updated 4/2/2025
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included Sutter County compliant document last validated/updated 4/17/2025
The following California and Sutter County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Spouse forms, the subject real estate must be physically located in Sutter County. The executed documents should then be recorded in the following office:
Sutter County Clerk - Recorder
433 Second St, Yuba City, California 95991
Hours: 8:00 a.m. to 5:00 p.m.
Phone: (530) 822-7134
Local jurisdictions located in Sutter County include:
- Live Oak
- Meridian
- Nicolaus
- Pleasant Grove
- Rio Oso
- Robbins
- Sutter
- Yuba City
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Sutter County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Sutter County using our eRecording service.
Are these forms guaranteed to be recordable in Sutter County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sutter County including margin requirements, content requirements, font and font size requirements.
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 Sutter County that you need to transfer you would only need to order our forms once for all of your properties in Sutter County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Sutter 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.
What type of files are the forms?
All of our Sutter 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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)
Our Promise
The documents you receive here will meet, or exceed, the Sutter 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 Sutter 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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June 29th, 2025
Everything that was stated to be included in my order was complete. Very satisfied
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Ed H.
June 28th, 2025
I filled out the Kansas form and presented it to the Clerk of Deeds in Rawlins Co and there were no problems and no expensive attorney involved for a simple transaction.
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June 26th, 2025
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Debbie K.
June 18th, 2020
I am very happy with Deeds.com. I found the site easy to use and all the directions I needed were available. I'm so happy I didn't have to go to a title company to get this done. The site is easy to navigate and the documents are easy to download.
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Teresa R.
May 7th, 2022
FANTASTIC. Sometimes we think know something, glad I found out I was wrong before it was too late.
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Michael W.
August 27th, 2021
This was really easy and very helpful.
Thanks,
Thank you!
Alicia S.
August 17th, 2021
It's been a difficult time during my divorce. Glad I was able to get the house related documents easily here.
Thank you!
Jean B.
February 28th, 2023
Thank you for this service. Saved a lot of my time and money. The guide and sample was very helpful. Jean
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Deborah O.
June 3rd, 2019
Response time was fantastic. I had no idea it would be so quick. I would definitely use again. They send you a message if they need additional information, etc. I would rate them a 10+ on a 1-10 scale
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Laura R.
August 13th, 2022
Afficavit worked kind of pricey
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Glenda M.
November 9th, 2021
I am very pleased with my purchase of the Affidavit Death of Joint Tenant form. I previously purchased this form from the leading providing of DIY legal forms and it was rejected by the Registrar in my state. I then had to start over. Plus I needed a form that would show me a completed example and give me line-by-line instructions. Deeds.com filled the bill perfectly. Their website also let me know the last date the form was updated.
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Sherri S.
March 30th, 2021
Easy to access forms, and reasonably priced. I'll definitely use again in the future.
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Keith K.
October 21st, 2022
More expensive that I would have thought.
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Lenore H.
March 13th, 2019
I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.
Thank you!