Santa Clara County Transfer on Death Affidavit Forms (California)

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Form Package

Transfer on Death Affidavit

State

California

Area

Santa Clara County

Price

$27.97

Delivery

Immediate Download

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Included Forms

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

Transfer on Death Affidavit Form

Transfer on Death Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/26/2024

Transfer on Death Affidavit Guide

Transfer on Death Affidavit Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/14/2024

Completed Example of the Transfer on Death Affidavit Document

Completed Example of the Transfer on Death Affidavit Document

Example of a properly completed form for reference.
Included document last reviewed/updated 3/27/2024

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 Santa Clara 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?

Forms are NOT emailed to you. Immediately after you submit payment, the Santa Clara County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What type of files are the forms?

All of our Santa Clara 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 Santa Clara County that you need to transfer you would only need to order our forms once for all of your properties in Santa Clara County.

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.

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:

  • Santa Clara County

Including:

  • 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

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.

(California Transfer on Death Affidavit Package includes form, guidelines, and completed example)

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.

Reviews

4.8 out of 5 (4316 Reviews)

Gina G.

April 17th, 2024

This service is fantastic! Took a few tries to scan the document correctly, but their patience and quick turn around made this a far better experience than going to the County myself.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Michael M.

April 17th, 2024

Great service that satisfied all my needs. Great prices too.

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Crystal P.

April 16th, 2024

This service is amazing! We have tried several other online recording services which all disappointed. Deeds.com got all three of our documents recorded same day as invoice payment. Thank you for the quick turn around! We will be using this service often.

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Celestine U.

February 24th, 2020

Very well done

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Vince D.

August 6th, 2020

Great product and service, really makes me rethink the value I provide to my customers.

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Vertina B.

June 14th, 2022

The website is well established and easy to use. I got everything I was supposed to get. I had no problem downloading the forms. All of the forms printed well.

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BRIAN M.

May 1st, 2020

Excellent Service, Fast and efficient. Thank You!

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Judy C.

February 13th, 2019

Both sets of deeds were complete and easy to understand. Both states accepted the forms to transfer property.

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Evelynne H.

December 3rd, 2020

The service was quick and easy to use. Which is something I really appreciate.

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James W.

August 29th, 2019

Thank-you for your excellent services

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Patricia W.

September 12th, 2020

Had to have help because unable to put phone number in your format. Daughter figured a way around the problem. I am 80 years old but capable of filling out simple forms but not when the format creates problems.

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Deborah B.

January 6th, 2019

Easy download, and super easy to fill out. Had them recorded Friday with zero issues. Recommended.

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Kris D.

February 7th, 2022

The Executor's Guide needs more info about what to put for grantee (estate of deceased or my name as executor?) and the price (something nominal like $10?) before there is a buyer. The guide seems to use only one example.

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Jessi S.

March 4th, 2020

Delivery of documents was instantaneous once payment is received. Thank you for that. For future clarification to potential users, Deeds.com may want to categorize the type of easement documents that are available. I was needing a 'utility easement' form and received an 'ingress/egress' form. Had I known it was an ingress/egress document, I would not have made the purchase. Outside of this issue, this site is very helpful for the average layperson to hold guardianship over personal interests.

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Alexander H.

August 17th, 2019

As an experienced attorney new to estate planning, I attest that this website and its documents were very helpful. Their documents including everything one needed to know and was very comprehensive.

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