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California - Marin County Transfer on Death Deed Form

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


Marin County Transfer on Death Deed Form Page 1

Transfer on Death Deed Form - Marin County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/13/2020


Marin County Transfer on Death Deed Guide Page 1

Transfer on Death Deed Guide - Marin County

Line by line guide explaining every blank on the form.
Included document last updated 3/5/2020


Marin County Completed Example of the Transfer on Death Deed Document Page 1

Completed Example of the Transfer on Death Deed Document - Marin County

Example of a properly completed form for reference.
Included document last updated 3/10/2020


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


Preliminary Change of Ownership

Preliminary Change of Ownership

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


Parent to Child Exclusion

Parent to Child Exclusion

Transferring property from Parent to Child is Transfer Tax Exempt in California. This Form is for a property Reassessment Exclusion in Marin County CA.


Grandparent to Grandchild Exclusion

Grandparent to Grandchild Exclusion

Transferring property from grandparent to grandchild is transfer tax exempt in California. This form is used for a property reassessment exclusion in Marin County.


Change in Ownership Statement Death of Real Property Owner

Change in Ownership Statement Death of Real Property Owner

Use this form in Marin County when transferring property from parent to child. It allows for a property reassessment exclusion. This could prevent an increase in property taxes.


Affidavit of Cotenant Residency

Affidavit of Cotenant Residency

If a real property transfer from one cotenant to the other is the result of the death of one of them, the transfer may not constitute a change in ownership, provided it meets certain criteria. This form is used by the surviving cotenant to claim exclusion from reassessment, which could prevent an increase in property taxes.


Documentary Transfer Tax

Documentary Transfer Tax

Unless the transfer is a direct sale at fair market value and all pertinent information is listed on the Preliminary Change of ownership report (PCOR), a Documentary Transfer Tax Transmittal will need to be included along with the Deed and PCOR.


Transfer Tax Exemptions

Transfer Tax Exemptions

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.


Survey Monument Fee Exemption

Survey Monument Fee Exemption

Submit this sheet if your property is exempt from Survey Monument Fee.


Building Homes and Job Act

Building Homes and Job Act

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


Notary Certificates

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 Marin County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marin 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 Deed Forms:

  • Marin County

Including:

  • Belvedere Tiburon
  • Bolinas
  • Corte Madera
  • Dillon Beach
  • Fairfax
  • Forest Knolls
  • Greenbrae
  • Inverness
  • Kentfield
  • Lagunitas
  • Larkspur
  • Marshall
  • Mill Valley
  • Nicasio
  • Novato
  • Olema
  • Point Reyes Station
  • Ross
  • San Anselmo
  • San Geronimo
  • San Quentin
  • San Rafael
  • Sausalito
  • Stinson Beach
  • Tomales
  • Woodacre

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What is the California Transfer on Death Deed?

Use this form to transfer real estate at death, but outside of a will and without the need for probate distribution. Execute the TODD form, then record it during the course of your life, and within 60 days of the signing date (5626(a)). Note that unlike grant deeds or quitclaim deeds, there is no change in ownership when transfer on death deeds are recorded (5650), so they are exempt from transfer taxes and the Preliminary Change of Ownership Report (PCOR).

Section 5650 explains that while you are alive, you retain absolute ownership of and control over your property. You may sell, mortgage, rent, or otherwise use the real estate in any lawful manner, without input from or notice to the beneficiaries, or even modify or revoke the future transfer.

Be aware, too, that the TODD is NOT affected by provisions in your will (5642(b)). Best practices dictate that any change to an estate plan initiates a review of the whole thing, so to reduce the chance for conflict, ensure that the transfer on death deed reinforces the will and other related documents.

Beneficiaries take title to the property under the rules set out at section 5652. Any associated debts, obligations, or agreements in place when you die 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)).

As it stands, California's transfer on death deed is not valid for real estate held in joint tenancy or as community property with right of survivorship (5664).

Overall, the Simple Revocable Transfer on Death Deed offers a convenient, flexible option to consider as part of an overall estate plan. Even so, they may not be appropriate in all cases. Contact an attorney for complex situations or with any questions.

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Save Time and Money

Get your Marin County Transfer on Death 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 Marin 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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