California - San Benito County Quit Claim Deed Form

All San Benito County specific forms listed below are included in your immediate download:

Quit Claim Deed Form - San Benito County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/8/2021

Quit Claim Deed Guide - San Benito County

Line by line guide explaining every blank on the form.
Included document last updated 3/12/2021

Completed Example of the Quit Claim Deed Document - San Benito County

Example of a properly completed form for reference.
Included document last updated 3/18/2021

*The Following California and San Benito County supplemental forms are included as a courtesy with your order.

Preliminary Change of Ownership

This is a required form, due at the time of recording. There is a $20.00 penalty fee for non-compliance.

Parent to Child Exclusion

California statutes require transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between parent(s) and child(ren). Signatures from both the transferor(s) and transferee(s) are required to complete the claim.

Grandparent to Grandchild Exclusion

The law requires transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between grandparent(s) and grandchild(ren). Signatures from both the transferor(s) and transferee(s) are required to complete your claim.

Change in Ownership Statement - Death of Real Property Owner

This form is used by the executor of the deceased property owner, who files this statement with the county assessor to request a Completed Change in Ownership Statement.

Affidavit of Entity Transfer

California Revenue and Taxation Code Section 62 (a) excludes from reassessment certain transfers of real property between an individual and a legal entity (such as a partnership or corporation), or between legal entities, when the transfer changes only the method of holding title, and the proportional interest of the transferors and transferees remains identical. In order for the Assessor’s office to consider an exclusion from reassessment for your transfer, apply for the exclusion by filing the Affidavit of Entity Transfer on page 2.

Transfer Tax

If your conveyance is exempt, you need the R&T Code of the applicable exemption and a brief explanation. Both are provided on this list.

Building Homes and Job Act

The state of California has recently enacted the Building Homes and Jobs Act, effective January 1, 2018.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by California notaries.

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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in San Benito County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Benito 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 Quit Claim Deed Forms:

• San Benito County

Including:

• Hollister
• Paicines
• San Juan Bautista
• Tres Pinos

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What is the California Quit Claim Deed?

Quitclaim deeds in California are initially defined by Civ. Code, 1092, 1104-1107, 1113, and further in Gov. Code 27279-27297.7, 27320-27337.

Content:
Each document submitted for recording should have the title near the top of the first page (Gov. Code 27324). Include the name and address of the individual requesting recording as well as a name and return address for use after the quitclaim deed is recorded. Provide the name and address of the individual or entity to receive tax bills at the bottom of the first page. (Gov. Code 27321.5, 27361.6). In addition, every quit claim deed must contain the name and address of everyone with an ownership interest in the property. Be certain to present the names in exactly the same way they're found on the prior deed. If there are any unrecorded changes, provide the original and new names like this: Jane Doe, formerly known as Jane Smith. See Gov. Code 27288.1.

Any document which modifies, releases, or cancels the provisions of a previously recorded document shall state the recorder identification number or the book and page of the document being modified, released, or canceled. (Gov. Code 27361.6). Additionally, Gov. Code 27280.5 requires that the names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation should be legibly typed or printed near the signature. The names of all persons executing or witnessing a document shall be legibly signed or shall be typed or printed to the side of or below the signature.
While not specifically discussed in the statutes, a valid quit claim deed should also include, at minimum, a complete legal description of the property and the name, address, and vesting choice of the grantee.

Recording:
Note that Gov. Code 27293 requires that quit claim deeds in languages other than English are not suitable for recording. Civ. Code 1169 states that quit claim deeds must be recorded by the County Recorder of the county in which the conveyed real estate is situated.
Civ. Code 1213-1214 discuss California's recording statute, which is classified as "race-notice." Basically, the first bona fide purchaser....will prevail over an earlier purchaser who failed to record the conveyance. So, despite Civ. Code 1217, which states that "an unrecorded instrument is valid as between the parties thereto and those who have notice thereof," just because the parties on the quit claim deed know about it, their knowledge does NOT constitute constructive notice to the public. Therefore, RECORD THE QUIT CLAIM DEED as soon as possible after executing it. This protects the interests of all parties.

Gov. Code 27361.6 formalizes some formatting requirements: The top right 2 " X 5" corner is reserved for the Recorder's use only. The top left 2 " X 3 " corner is reserved for the name of the person requesting recording and a return name and address. The title of the document must appear on the first page immediately below the space reserved for the Recorder.

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Save Time and Money

Get your San Benito County Quit Claim Deed 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.

Our Promise

The documents you receive here will meet, or exceed, the San Benito County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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