Santa Clara County Transfer on Death Affidavit Form

Santa Clara County Transfer on Death Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.

Santa Clara County Transfer on Death Affidavit Guide
Line by line guide explaining every blank on the form.

Santa Clara County Completed Example of the Transfer on Death Affidavit Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and Santa Clara County documents included at no extra charge:
Where to Record Your Documents
County Clerk-Recorder
San Jose, California 95134
Hours: 8:00 a.m. to 4:30 p.m
Phone: (408) 299-5688
Recording Tips for Santa Clara County:
- Double-check legal descriptions match your existing deed
- Ask about their eRecording option for future transactions
- Mornings typically have shorter wait times than afternoons
Cities and Jurisdictions in Santa Clara County
Properties in any of these areas use Santa Clara County forms:
- Alviso
- Campbell
- Coyote
- Cupertino
- Gilroy
- Holy City
- Los Altos
- Los Gatos
- Milpitas
- Morgan Hill
- Mount Hamilton
- Mountain View
- New Almaden
- Palo Alto
- Redwood Estates
- San Jose
- San Martin
- Santa Clara
- Saratoga
- Stanford
- Sunnyvale
Hours, fees, requirements, and more for Santa Clara County
How do I get my forms?
Forms are available for immediate download after payment. The Santa Clara County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Santa Clara County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Clara County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Santa Clara County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Santa Clara County?
Recording fees in Santa Clara County vary. Contact the recorder's office at (408) 299-5688 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Affidavit meets all recording requirements specific to Santa Clara County.
Our Promise
The documents you receive here will meet, or exceed, the Santa Clara 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 Santa Clara 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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