California - Tuolumne County Affidavit of Surviving Spouse Forms

Included Forms

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

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Transfer Tax Exemptions List (Tuolumne County Document)

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Agent Proof of Authorization Form (Tuolumne County Document)

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Certificate of Acknowledgment (Tuolumne County Document)

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Building Homes and Jobs Act (Tuolumne County Document)

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Preliminary Change of Ownership Report (Tuolumne County Document)

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Jurat (Tuolumne County Document)

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

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Declaration of Exemption Form (Tuolumne County Document)

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Grandparent to Grandchild Exclusion Form (Tuolumne County Document)

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Change in Ownership Statement - Death of Real Property Owner (Tuolumne County Document)

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Parent to Child Exclusion Form (Tuolumne 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 Tuolumne 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 Tuolumne 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 Tuolumne 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 Tuolumne County that you need to transfer you would only need to order our forms once for all of your properties in Tuolumne County.
• Are these forms guaranteed to be recordable in Tuolumne County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Tuolumne 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:

• Tuolumne County

Including:

• Big Oak Flat
• Chinese Camp
• Columbia
• Dardanelle
• Groveland
• Jamestown
• Long Barn
• Mi Wuk Village
• Moccasin
• Pinecrest
• Sonora
• Soulsbyville
• Standard
• Strawberry
• Tuolumne
• Twain Harte

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 Tuolumne 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 Tuolumne 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:

4.8 out of 5 (3883 Reviews)

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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!!

Reply from Staff on February 4th, 2023

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February 3rd, 2023

Name: Steve W.

Review: Simple and easy transaction

Reply from Staff on February 3rd, 2023

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February 3rd, 2023

Name: ERHAN S.

Review: amazing time and cost saving service for me. Thank you.

Reply from Staff on February 3rd, 2023

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Name: GLENN A M.

Review: I loved the easy to understand and use system, very user friendly.

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Name: Monique C.

Review: Very quick and efficient service! I will continue to use them for future reference.

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Name: Lisa B.

Review: Very helpful and fast.

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Name: Cheryl B.

Review: I did this on a desktop using a scanned .pdf file. Simple, straight-forward, excellent instructions, easy, fast, and well documented for each step. From account creation to proof of recording: 4 hours... from the comfort of my home. I would highly recommend this service to anyone, including - and maybe especially - those who are looking for fast recording who aren't well versed in computers and on-line processes. Well done in all ways.

Reply from Staff

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Name: Katherine Y.

Review: It was easy to use the form. The notary said it contained the most recent language which is also helpful.

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Name: JoAnn T.

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Name: Lisa D.

Review: It was an easy site to use and very a good price. Thank you!!

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Name: John E.

Review: This process exceeded my expectations. A great customer experience!

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Name: Doug C.

Review: Great Job guys! I would not even have thought to look for this service. The county recorder's office and kiosks are all closed because of covid. I was directed to you because of a referral on the county site. I wish I had known you had forms available as well. I searched for a day to find the appropriate form.

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Name: raymond w.

Review: answeed many questions I had.

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Name: Eric D.

Review: Very helpful and informative. It has saved me time going to get the forms at county recorder / clerk (as my county and state websites dont offer forms on their sites) and also provided help understanding the uses of the specific deed I needed to use.

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Name: Wendling D.

Review: Good

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