Free California Transfer on Death Deed

In California, a revocable transfer on death deed is signed before a notary and 2 witnesses, then recorded with the county before the owner's death, within 60 days of notarization.

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Owner Information

Enter your information as the property owner (transferor). One owner signs this deed, and it transfers only that owner’s share: a co-owner who wants to name a beneficiary signs and records a separate deed. Property held in joint tenancy, or as community property with right of survivorship, passes under the survivorship right instead.

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

Marital Status*

California is a community property state. Marital status determines whether spouse consent may be required.

SingleMarriedDivorcedWidowed

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California provides a statutory form, and a deed in substantially that form is accepted. The Cal. Prob. Code 5642 statutory form's operative clause is "I transfer all of my interest in the described property to the named beneficiary(ies) on my death". The revocable transfer on death deed statute is scheduled to sunset on January 1, 2032 unless the legislature extends it; a deed recorded while it is in effect stays effective.

A California revocable transfer on death deed is recorded with the County Recorder for the county where the property sits and must be on record before the owner's death to take effect, within 60 days of notarization. The deed must be recorded on or before 60 days after the date it is acknowledged before a notary. Cal. Prob. Code 5626(a). A deed not recorded within that 60 days is not effective. The 60-day clock starts from the notarization date, not the signing date.

California has each owner sign a separate deed. A TOD deed changes nothing about the transferor's ownership during life: Cal. Prob. Code 5650(a) provides that execution and recordation does not affect the transferor's ownership rights, and the property stays subject to the transferor's creditors as if no deed had been recorded.

California lapses the share of a beneficiary who dies before the owner. California does not provide for a successor beneficiary on the deed. A beneficiary's interest is contingent on that beneficiary surviving the transferor.

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. Two rules interact. The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

California Transfer on Death Deed

California authorizes transfer on death deeds: a property owner names a beneficiary who receives the property at death — bypassing probate entirely for that asset. The owner retains full control during their lifetime, including the right to revoke the deed at any time.

Without a TOD deed, real property in California passes through probate — a process that takes at least 9 months for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $208,850 may qualify for simplified procedures, but a TOD deed avoids the process altogether. See the full cost breakdown with the probate calculator.

TOD deeds are a focused tool — one deed per property, covering only real estate. A revocable trust handles all assets and provides incapacity planning as well. The trust vs. will tool compares the two approaches side by side.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

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

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Free California Transfer on Death Deed

In California, a revocable transfer on death deed is signed before a notary and 2 witnesses, then recorded with the county before the owner's death, within 60 days of notarization.

Progress0%

Owner Information

California Transfer on Death Deed

Free California Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in California

Healthcare Power of Attorney

Financial Power of Attorney

Vehicle Transfer on Death

Living Will

Last Will and Testament

Tools for Planning Your Estate in California

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

California Estate Planning Resources

Free California Transfer on Death Deed

Owner Information