California Transfer on Death Affidavit
County Specific Legal Forms Validated as recently as April 17, 2026 by our Forms Development Team
About the California Transfer on Death Affidavit
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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Using an Affidavit of Death to Claim Real Estate from a California Transfer on Death Deed
Transfer on death deeds allow individual landowners to transfer their real estate when they die, without a will or the need for probate distribution. The transferor simply executes a TODD form, then records it during the course of his/her natural life, and within 60 days of the signing date (5626(a)). Unlike grant deeds or quitclaim deeds, the owner continues to hold title to the property when a transfer on death deed is recorded (5650). As such, TODDs are exempt from transfer taxes and the Preliminary Change of Ownership Report (PCOR).
What happens, then, when the owner dies? Section 5680 defines the process for switching the title over to the beneficiary. The beneficiary may establish the fact of the transferor's death under the procedure provided in California Probate Code Chapter 2 (commencing with Section 210) of Part 4 of Division 2. The first step is obtaining a certified copy of the death certificate. Then research the recording information from the transfer on death deed identifying the beneficiary. Complete an affidavit of death and sign it in front of a notary. Finally, file the affidavit, along with the copy of the death certificate, in the recording office for the county where the property is situated. Note that this act transfers title to the beneficiary, so it also requires the PCOR and any associated taxes and fees.
Beneficiaries take title to the property under the rules set out at section 5652. Be aware that any associated debts, obligations, or agreements in place when the owner died follow the real estate to the beneficiaries. In addition, the title transfers without warranty, so the beneficiaries might find themselves liable for future claims against the property. For these reasons, among others, some beneficiaries might wish to disclaim the gift (5652(a)(1)).
In general, transferring title to the beneficiary of a transfer on death deed is a simple process. Even so, complications may arise. Contact an attorney for complex situations or with any questions.
(California Transfer on Death Affidavit Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"The packet was very comprehensive and easy to use (I had just one question that wasn't clearly expla…"
"Thanks again for such expedient and excellent service!"
"Great! Received documents to download immediately and was able to do the needed with the information…"
"My first experience with deeds.com was excellent. My task was handled promptly and efficiently. Coun…"
"Got the report. However, Retrieving process was not clear."
Common Uses for Transfer on Death Affidavit
- Simplify property transfer for your family after your passing
- Name your children as beneficiaries of your real estate
- Change a previously named property beneficiary
- Designate a beneficiary to receive property upon your death
- Replace a beneficiary who has predeceased you
- Avoid probate costs and delays for your heirs
- Retain full control of your property during your lifetime
Compare other California deed forms and documents
Important: County-Specific Forms
Our transfer on death affidavit forms are specifically formatted for each county in California.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.