Estate Planning for San Diego, California Property Owners

For most San Diego County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a San Diego County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Superior Court - Probate Division. The two tools that keep a San Diego County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, San Diego County property passes through the Superior Court - Probate Division — even simple California probates run 9+ months and start with $435 in filing fees. California also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in San Diego County

A revocable transfer on death deed names a beneficiary who receives San Diego County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, a California revocable transfer on death deed is signed with 2Cal. Prob. Code 5600-5698Verified Aug 24, 2026View source witnesses and notary acknowledgmentCal. Prob. Code 5600-5698Verified Aug 24, 2026View source. The deed takes effect only if it is recorded within 60 daysCal. Prob. Code 5600-5698Verified Aug 24, 2026View source of notarization and before the owner's deathCal. Prob. Code 5600-5698Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for San Diego County are recorded with the County Recorder, led by Assessor/Recorder/County Clerk Jordan Z. Marks, at 1600 Pacific Highway, Suite 260, San Diego, CA 92101. Phone: (619) 237-0502. Hours: Monday - Friday, 8:00 AM - 5:00 PM.

The County Recorder charges $14 for the first page plus $3 for each additional page. Recording a 2-page revocable transfer on death deed in San Diego County comes to $92, which is $17 in recording fees plus the $75 Building Homes and Jobs Act Fee (SB 2). A revocable transfer on death deed is exempt from transfer tax.

Recording Office Record

County Recorder

San Diego County · Assessor/Recorder/County Clerk · Jordan Z. Marks

Address

1600 Pacific Highway, Suite 260San Diego, CA 92101

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit recorder website →

Recording fees

Base fee (first page)$14
Each additional page$3
GC 27388.1 Building Homes and Jobs Act Fee (SB 2)Applies to a TOD deed$75
Transfer tax on a TOD deedExempt

Cal. Gov. Code 27361; Cal. Gov. Code 27388; Cal. Gov. Code 27388.1; Cal. Gov. Code 27388.2; Cal. Rev. & Tax. Code 11911; Cal. Rev. & Tax. Code 11930

Verified September 4, 2026 · Source

Estate Planning Attorneys Serving San Diego County

FirmEscondido, CA

Anderson Estate Law

Serves 1 county

Escondido firm serving North San Diego County families through probate and trust administration. In probate it handles court filings and creditor claims while validating the will, settling debts, and distributing assets; in trust administration it helps executors and trustees account for assets and complete distributions, and it establishes guardianships and special-needs trusts.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
145 South Fig StreetEscondido, CA 92025
Free consultation

FirmSan Diego, CA

Brierton, Jones & Jones, LLP

Serves 1 county

San Diego County firm on Hotel Circle North that has focused on probate, trusts, and estates for more than 30 years. Represents personal representatives and trustees through probate and trust administration, prepares estate tax returns and trust accountings, and litigates contested probate and trust matters. Also handles conservatorships and guardianships.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
1550 Hotel Circle North, Suite 300San Diego, CA 92108

Solo PracticeSan Diego, CA

Law Office of Suzanne P. Nicholl, PC

Serves 1 county

San Diego firm handling probate and trust administration, will contests, and guardianship and conservatorship matters. Suzanne Nicholl serves as a court-appointed attorney for the San Diego County Probate Court and was selected by the California State Bar as a special master for San Diego County.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
4241 Jutland Dr, Ste 212San Diego, CA 92117
Free consultation

Solo PracticeSolana Beach, CA

Leo Law Office, APLC

Serves 1 county

Estate planning and probate legal services throughout San Diego County. Attorney Shawn Leo handles estate planning, probate, trust litigation, business succession planning, and elder law matters.

PracticesEstate PlanningEstate AdministrationTrust AdministrationTrust LitigationElder Law

Office
503 N Hwy 101, Suite BSolana Beach, CA 92075
Free consultation

FirmLa Mesa, CA

McGovern Law Group, APC

Serves 1 county

East County San Diego firm with offices in La Mesa, Alpine, and Chula Vista, serving Lemon Grove, El Cajon, and the rest of San Diego County. It walks executors and successor trustees through probate and trust administration after a death, and builds special needs trusts for families providing for a disabled beneficiary. Attorney Sophia Gallardo is fluent in Spanish.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateSpecial Needs Planning

Office
9320 Fuerte Drive, Ste. 100La Mesa, CA 91941
Free consultationVirtual consultations

FirmCarlsbad, CA

Opelon LLP

Since 2021 · Serves 1 county

Carlsbad boutique serving San Diego County probate court, focused exclusively on probate, trust administration, and estate planning. Guides successor trustees through their duties and deadlines and has administered 250+ San Diego County estates since the firm was founded in 2021. Free video or phone consultation.

PracticesEstate PlanningEstate AdministrationTrust Administration

Office
1901 Camino Vida Roble, Suite 112Carlsbad, CA 92008
Free consultationVirtual consultations
See all 43 firms serving San Diego County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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