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Transfer on death deed in California

Yes. California lets an owner name who gets real estate at death with a revocable transfer on death deed (Cal. Prob. Code §§ 5600-5698, in effect since January 1, 2016). Sign it before a notary and 2 witnesses, and record it within 60 days after signing and before the owner's death. After the death, the beneficiary uses: Affidavit of death (Prob. Code § 210 et seq.) plus, for deeds signed on or after 2022-01-01, a recorded affidavit stating the § 5681 notice to heirs was served. Last checked .

California at a glance

TOD deed for real estate
Yes
Name in California law
Revocable transfer on death deed
Law
Cal. Prob. Code §§ 5600-5698
Notary
Required
Witnesses
2
When to record
Within 60 days of signing
Where to record
County recorder of the county where the property is located
After-death document
Affidavit of death (Prob. Code § 210 et seq.) plus, for deeds signed on or after 2022-01-01, a recorded affidavit stating the § 5681 notice to heirs was served
Notice to heirs
Required
Official form
Yes

Your checklist

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Steps to make it valid in California

  • Sign: notary, 2 witnesses.
  • Record it at the County recorder of the county where the property is located within 60 days after signing, and before the owner's death.
  • Don't count on an extension if the last day is a weekend or holiday — record before it.

A checklist from the state's verified rules, not legal advice. Medicaid, co-owners, a mortgage or a dispute can change what you should do; the county recorder, a legal aid office or a lawyer can help.

Making a valid TOD deed in California

  • What the law does. An owner of a home (1-4 units or a condo unit) can sign, notarize, have witnessed, and record a deed that passes the home to named beneficiaries at death without probate.
  • Signing. The owner signs and dates the deed and has it acknowledged before a notary. Two witnesses must sign, present at the same time, who saw the signing or the owner's acknowledgment of signing; this applies to deeds signed on or after 2022-01-01 (earlier deeds keep the old rules). The owner needs the capacity to contract. An interested witness does not void the deed, but a beneficiary who is a witness is presumed to have used undue influence.
  • Recording. The deed is not effective unless recorded on or before 60 days after notarization. No documentary transfer tax or PCOR is due at recording. A later-executed recorded TOD deed for the same property revokes the earlier one.
  • Recording deadline. on or before 60 days after the date it was acknowledged before a notary
  • Payment, delivery, acceptance. The deed is a donative transfer; it need not be delivered to or accepted by the beneficiary during the owner's life.
  • Form. Statutory form in Cal. Prob. Code § 5642 (revocation form § 5644); fillable copy from the Sacramento County Public Law Library.

Changing it, and who you can name

  • Revoking or changing. The owner (with capacity to contract) can revoke at any time by a revocation executed and recorded the same way as the deed (notary, two witnesses, recorded within 60 days), by a later TOD deed, or by selling or giving the property away. Beneficiary consent or notice is not needed. A will does not override it; a later revocable instrument (such as a trust) disposing of the same property controls only if executed later.
  • Beneficiaries. A natural person, trust, or legal entity may be named, by name. A beneficiary must survive the owner; otherwise that share lapses (the anti-lapse rule does not apply) and goes to the other beneficiaries equally. Multiple beneficiaries take as tenants in common in equal shares.

After the owner dies

  • Document. Affidavit of death (Prob. Code § 210 et seq.) plus, for deeds signed on or after 2022-01-01, a recorded affidavit stating the § 5681 notice to heirs was served
  • Where. County recorder of the county where the property is located
  • Deadline. No fixed deadline for the beneficiary to record. The notice tells heirs they have 120 days from the date of the notice to challenge; a contest started and lis pendens recorded within 120 days after the § 5682(c) affidavit is recorded can void the deed.
  • Steps. For deeds signed on or after 2022-01-01, the beneficiary serves each heir a Notice of Revocable Transfer on Death Deed with copies of the deed and death certificate (only one of several beneficiaries must do this), and records an affidavit that notice was served. In all cases the beneficiary records an affidavit of death with a certified death certificate, files the change in ownership statement with the assessor (R&T Code § 480), and, if the owner had Medi-Cal, notifies the Department of Health Care Services (Prob. Code § 215). The 2021 changes (SB 315), including the heir-notice rule, do not apply to a deed signed before 2022-01-01.

Debts, Medicaid and the spouse

  • Creditors and Medicaid. The beneficiary is personally liable for the owner's unsecured debts (including funeral and last-illness costs), up to the property's value at death minus liens. If a probate case is opened, the beneficiary owes a share to the estate or may return the property. The property is subject to Department of Health Care Services claims to the extent authorized by law; for deaths on or after 2017-01-01 Medi-Cal estate recovery is limited to the probate estate.
  • Surviving spouse. If at death the property is held in joint tenancy or community property with right of survivorship, the TOD deed is void and survivorship controls. For community property, the general nonprobate community-property rules (Prob. Code § 5010 et seq.) apply, and spousal written consent must be recorded in time to count.

Good to know in California

  • Sunset: Part 4 is repealed on 2032-01-01 unless extended; deeds signed before then stay valid and can still be revoked (§ 5600(c)). The Law Revision Commission must report by 2031-01-01 (§ 5605).
  • Only residential property qualifies: 1-4 dwelling units, a condo/common-interest unit, not agricultural land over 40 acres (§ 5610).
  • The transfer at death is a change in ownership for property tax (§ 5656(b)).
  • Heirs can contest; a contest started and lis pendens recorded within 120 days after the § 5682(c) affidavit is recorded can void the deed (§ 5694).
  • The property also stays subject to liens and other limits recorded up to 120 days after the § 5682(c) affidavit is recorded (§ 5652(b)).
  • Since 2024-01-01 (AB 288), a stock cooperative interest passes subject to the co-op's governing documents or written agreements, recorded or not; if the co-op uses a purchase option, the property goes to the co-op and the price to the beneficiary (§ 5652(c)-(d)).

Official pages

Sources

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.

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