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California - Orange County Transfer on Death Affidavit Forms

Express Checkout (Download)

Form Package
Transfer on Death Affidavit
State
California
Area
Orange County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

All Orange County specific forms and documents listed below are included in your immediate download package:


Orange County Transfer on Death Affidavit Form Page 1

Transfer on Death Affidavit Form - Orange County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/12/2022

Orange County Transfer on Death Affidavit Guide Page 1

Transfer on Death Affidavit Guide - Orange County

Line by line guide explaining every blank on the form.
Included document last updated 8/11/2022

Orange County Completed Example of the Transfer on Death Affidavit Document Page 1

Completed Example of the Transfer on Death Affidavit Document - Orange County

Example of a properly completed form for reference.
Included document last updated 6/21/2022

Included Supplemental Documents

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


Parent to Child Exclusion Form (Orange County Document)


Building Homes and Jobs Act (Orange County Document)


Transfer Tax Exemptions List (Orange County Document)


Preliminary Change of Ownership Report (Orange County Document)


Certificate of Acknowledgment (Orange County Document)


Jurat (Orange County Document)


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


Declaration of Exemption Form (Orange County Document)


Grandparent to Grandchild Exclusion Form (Orange County Document)


Affidavit of Cotenant Residency (Orange County Document)


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


Transfer Tax Exemptions List (California Document)


Preliminary Change of Ownership Report (California Document)


Certificate of Acknowledgment (California Document)


Building Homes and Jobs Act (California Document)


Jurat (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)


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 Orange 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 Orange 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 Orange County Transfer on Death Affidavit 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 Transfer on Death Affidavit 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 Orange County that you need to transfer you would only need to order our forms once for all of your properties in Orange County.
  • Are these forms guaranteed to be recordable in Orange County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Orange 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 Transfer on Death Affidavit Forms:

  • Orange County

Including:

  • Aliso Viejo
  • Anaheim
  • Atwood
  • Brea
  • Buena Park
  • Capistrano Beach
  • Corona Del Mar
  • Costa Mesa
  • Cypress
  • Dana Point
  • East Irvine
  • El Toro
  • Foothill Ranch
  • Fountain Valley
  • Fullerton
  • Garden Grove
  • Huntington Beach
  • Irvine
  • La Habra
  • La Palma
  • Ladera Ranch
  • Laguna Beach
  • Laguna Hills
  • Laguna Niguel
  • Laguna Woods
  • Lake Forest
  • Los Alamitos
  • Midway City
  • Mission Viejo
  • Newport Beach
  • Newport Coast
  • Orange
  • Placentia
  • Rancho Santa Margarita
  • San Clemente
  • San Juan Capistrano
  • Santa Ana
  • Seal Beach
  • Silverado
  • Stanton
  • Sunset Beach
  • Surfside
  • Trabuco Canyon
  • Tustin
  • Villa Park
  • Westminster
  • Yorba Linda

What is the California Transfer on Death Affidavit?

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.

Our Promise

The documents you receive here will meet, or exceed, the Orange 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 Orange County Transfer on Death Affidavit 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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