Free California Affidavit of Death

In California, a surviving joint owner or a transfer on death deed beneficiary records the “Affidavit of death”.

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Who may sign in California: A person having knowledge of the facts.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit of death”: Any person may record an affidavit of death, signed by someone with knowledge of the facts, in the county where the property is located. It describes the property and includes an attested or certified copy of the death record. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: A person having knowledge of the facts. The affidavit is sworn before a notary public, who completes the jurat.

It states: a particular description of the real property; the facts establishing the death, sworn by a person having knowledge of them. Attached when recorded: copy of the record of the death made and filed in a designated public office (attested or certified copy).

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: Change in ownership statement; Preliminary Change of Ownership Report.

The “Affidavit of death”: A transfer on death deed beneficiary may record an affidavit of death, with an attested or certified copy of the death record, in the county where the property is located. For a deed signed since 2022, the beneficiary also serves notice on the heirs and records an affidavit of that service. Who signs: A person having knowledge of the facts. The document is prepared on that basis as well.

The Affidavit of Death in California

California's instrument for a joint owner's death is the “Affidavit of death”, recorded by a surviving joint owner with the county recording office. What it does: Any person may record an affidavit of death, signed by someone with knowledge of the facts, in the county where the property is located. It describes the property and includes an attested or certified copy of the death record.

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: A person having knowledge of the facts.

What the statute has it state: a particular description of the real property; the facts establishing the death, sworn by a person having knowledge of them.

Attached when recorded: copy of the record of the death made and filed in a designated public office (attested or certified copy).

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Filed with it: Change in ownership statement; Preliminary Change of Ownership Report. California publishes Affidavit – Death of Joint Tenant (Los Angeles County); the prepared document carries the same contents.

A transfer on death deed beneficiary records the “Affidavit of death”: A transfer on death deed beneficiary may record an affidavit of death, with an attested or certified copy of the death record, in the county where the property is located. For a deed signed since 2022, the beneficiary also serves notice on the heirs and records an affidavit of that service. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from California statutes and official state code. How we research.

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The Affidavit of Death in California

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: A person having knowledge of the facts.

What the statute has it state: a particular description of the real property; the facts establishing the death, sworn by a person having knowledge of them.

Attached when recorded: copy of the record of the death made and filed in a designated public office (attested or certified copy).

Free California Affidavit of Death

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Free California Affidavit of Death

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