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All Orange County specific forms and documents listed below are included in your immediate download package:
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)
Including:
Revoking a Transfer on Death Deed in California
Transfer on death deeds allow individual landowners to transfer their real estate when they die, but outside of a will and without the need for probate. 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, however, there is no change in ownership when a transfer on death deed is recorded (5650).
As with transfer on death deeds, any change or revocation must be recorded DURING THE TRANSFEROR'S LIFE or it will be void.
Revocability is one of the unique features of transfer on death deeds. By retaining title to the property, it's easier for the transferor to respond to changes in circumstances or intentions. There are three ways to revoke a recorded TODD: transfer the real estate outright (in other words, use a standard deed, such as a grant or quitclaim deed, to convey the title away from the transferor); execute and record a new TODD, which automatically supersedes the previous document; or execute and record an instrument of revocation (5628-5632, 5660(c)).
While the statute allows three options for revocation, to maintain a clear title, it makes sense to record an instrument of revocation before either of the other two options. This provides a clear endpoint to the beneficiary's potential future interest, which reduces the chances for future claims against the title. Once the revocation is in place, the transferor may sell or redirect the property without worrying about the prior TODD.
Be aware, too, that the TODD is NOT affected by provisions in the owner's 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, make sure that the transfer on death deed, as well as any modifications or revocations, reinforces the will and other related documents.
Revoking a recorded transfer on death deed is a fairly simple process. Even so, it may not be appropriate in all cases. Contact an attorney for complex situations or with any questions.
Effective January 1, 2022 by California Senate Bill 315
A Revocation of a Revocable Transfer on Death Deed shall be signed by two persons who are both present at the same time and who witness you either signing the form or acknowledging the form. Then NOTARIZE your signature (witness signatures do not need to be notarized). RECORD the form in the county where the property is located.
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.
Get your Orange County Transfer on Death Revocation 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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Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.
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