San Benito County Transfer on Death Deed Form

Last validated August 25, 2026 by our Forms Development Team

San Benito County Transfer on Death Deed Form

San Benito County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 8/25/2026
San Benito County Transfer on Death Deed Guide

San Benito County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/22/2026
San Benito County Completed Example of the Transfer on Death Deed Document

San Benito County Completed Example of the Transfer on Death Deed Document

Example of a properly completed form for reference.

Document Last Validated 7/8/2026
San Benito County Notice of Revocable Transfer on Death Deed

San Benito County Notice of Revocable Transfer on Death Deed

Provide this form to your beneficiary(s).

Document Last Validated 8/11/2026

All 4 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in San Benito County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk - Auditor - Recorder

Address:
440 5th St, Rm 206
Hollister, California 95023-3843

Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00

Phone: (831) 636-4046

Recording Tips for San Benito County:
  • Verify all names are spelled correctly before recording
  • Request a receipt showing your recording numbers
  • Both spouses typically need to sign if property is jointly owned
  • Ask for certified copies if you need them for other transactions

Cities and Jurisdictions in San Benito County

Properties in any of these areas use San Benito County forms:

  • Hollister
  • Paicines
  • San Juan Bautista
  • Tres Pinos

View Complete Recorder Office Guide

Hours, fees, requirements, and more for San Benito County

How do I get my forms?

Forms are available for immediate download after payment. The San Benito 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 San Benito County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in San Benito County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in San Benito 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 San Benito County?

Recording fees in San Benito County vary. Contact the recorder's office at (831) 636-4046 for current fees.

Questions answered? Let's get started!

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).

5624. A revocable transfer on death deed is not effective unless all of the following conditions are satisfied:
(a) The deed is signed by the transferor and dated.
(b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed or the transferor's acknowledgment that the transferor had signed the deed.
(c) The deed is acknowledged before a notary public.

SEC. 10. Section 5625 is added to the Probate Code, to read:
5625. (a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.
(b) A revocable transfer on death deed is not invalid because it is signed by an interested witness.
(c) If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.

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.

Included NOTICE OF REVOCABLE TRANSFER ON DEATH DEED Form
5681. (a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor's heirs, along with a copy of the revocable transfer on death deed and a copy of the transferor's death certificate. (b) The notice required by subdivision (a) shall be in substantially the following form:

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



Important: Your property must be located in San Benito County to use these forms. Documents should be recorded at the office below.

This Transfer on Death Deed meets all recording requirements specific to San Benito County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable San Benito County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your San Benito 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 and local jurisdictions.

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