Do I Need a Transfer on Death Deed in California?

A revocable transfer on death deed in California requires notary acknowledgment and 2 witnesses. The signed deed must be recorded at the county recorder before death to be effective. 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)).Cal. Prob. Code 5600-5698Verified Aug 24, 2026

Yes. A revocable transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in California include: 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).Cal. Prob. Code 5600-5698Verified Aug 24, 2026

California limits revocable transfer on death deeds to specific property interests. Limited to: (1) a parcel of land improved with one to four residential dwelling units; (2) a residential separate interest and its appurtenant common area in a common interest development, regardless of how many separate interests the development contains. A common interest development means a community apartment project, condominium project, planned development, or stock cooperative (Cal. Civ. Code 4100). Excludes a parcel of agricultural land greater than 40 acres. Cal. Prob. Code 5610. Whether property qualifies is judged by the circumstances that existed on the execution date shown on the deed (Cal. Prob. Code 5610(c)). Stock cooperative transfers were reached by AB 288 (eff. Jan 1, 2024) via Cal. Prob. Code 5614.5 (definition, cross-referencing Cal. Civ. Code 4190) and 5652(c)-(d) (transfer and buyout provisions).Cal. Prob. Code 5600-5698Verified Aug 24, 2026

Yes. California allows multiple beneficiaries on a revocable transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.Cal. Prob. Code 5600-5698Verified Aug 24, 2026

A revocable transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the California probate calculator to estimate the cost of probating remaining assets.