How do I sign a revocable transfer on death deed in California?

California requires the owner's signature, 2 witnesses, and notary acknowledgment (Cal. Prob. Code 5600-5698). All signatures must be completed before recording.

Is the California revocable transfer on death deed law set to expire?

California's revocable transfer on death deed statute is currently scheduled to sunset on 2032-01-01 unless the legislature extends it (Cal. Prob. Code 5600-5698). A revocable transfer on death deed recorded while the statute is in effect stays valid, but confirm the law has not lapsed before recording a new one in or after 2032.

Free California Transfer on Death Deed

Free California revocable transfer on death deed form. Transfer property at death without probate. notary acknowledgment. Record before death. PDF.

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Owner Information

Enter your information as the property owner (transferor). Cal. Prob. Code 5642's statutory form is single-signer by design — the form's FAQ states: "This deed only transfers MY ownership share of the property. Any co-owner who wants to name a TOD beneficiary must execute and RECORD a SEPARATE deed." Cal. Prob. Code 5664 further provides that if, at the time of the transferor's death, title is held in joint tenancy or as community property with right of survivorship, the deed is VOID. Co-owners must each execute a separate deed; survivorship rights operate first. Verified 2026-05-22 against leginfo.legislature.ca.gov sections 5642 and 5664.

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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Frequently Asked Questions About California Transfer on Death Deeds

A revocable transfer on death deed in California transfers real property directly to a named beneficiary upon the owner's death, without probate. The deed is revocable during your lifetime. Use the TOD deed checker to see if this is the right fit.

California requires the owner's signature, 2 witnesses, and notary acknowledgment. All signatures must be completed before recording. See all California signing requirements.

Yes. A California revocable transfer on death deed must be recorded with the County Recorder before death to be effective. An unrecorded deed has no legal effect. 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. The "Common Questions" pages of the Section 5642 form need not be recorded (Cal. Prob. Code 5626(d)).

Yes. California allows multiple beneficiaries on a revocable transfer on death deed. Unless specified otherwise, they take title as tenants in common.

Yes. A revocable transfer on death deed in California is revocable during the owner's lifetime (Cal. Prob. Code 5632). California recognizes: Recording a witnessed and notarized revocation form (statutory form provided in Cal. Prob. Code 5644); Executing and recording a new revocable TOD deed for the same property (the later-executed deed is operative and its recordation revokes the earlier — Cal. Prob. Code 5628(a)); Selling or giving away the property, or transferring it to a trust, before death and recording that deed (Cal. Prob. Code 5660; a TOD deed cannot be revoked by will).

California's revocable transfer on death deed statute is currently scheduled to sunset on 2032-01-01 unless the legislature extends it. A revocable transfer on death deed recorded while the statute is in effect stays valid, but confirm the law has not lapsed before recording a new one in or after 2032.

No. A revocable transfer on death deed only transfers the specific real property named in it. Bank accounts, investments, and other property pass through whatever else you have in place — a will (probate) or a trust. A revocable living trust covers everything in one document, including the property this deed transfers. Set up a trust if you want a single instrument for the whole estate.

California Transfer on Death Deed

A transfer on death deed in California (Yes) lets property owners name 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 July 15, 2026

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

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Owner Information

Frequently Asked Questions About California Transfer on Death Deeds

California requires the owner's signature, 2 witnesses, and notary acknowledgment. All signatures must be completed before recording. See all California signing requirements.

Yes. California allows multiple beneficiaries on a revocable transfer on death deed. Unless specified otherwise, they take title as tenants in common.

California Transfer on Death Deed

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Frequently Asked Questions About California Transfer on Death Deeds

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