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Home→Tools→TOD Deed Assessment→California

Do I Need a Transfer on Death Deed in California?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

Yes. California allows revocable transfer on death deeds.Cal. Prob. Code 5600-5698Verified May 31, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A revocable transfer on death deed in California requires notarization (state specific) and 2 witnesses. The signed deed must be recorded at the county recorder before death to be effective.Cal. Prob. Code 5600-5698Verified May 31, 2026

Yes. A revocable transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in California include: Recording a revocation form (statutory form provided in Cal. Prob. Code 5644), Recording a new revocable TOD deed for the same property.Cal. Prob. Code 5600-5698Verified May 31, 2026

California limits revocable transfer on death deeds to specified interests. Limited to: (1) real property improved with 1 to 4 residential dwelling units; (2) a residential separate interest in a common interest development (condominium, planned development). Excludes agricultural parcels greater than 40 acres. Cal. Prob. Code 5610. Stock cooperative transfers added by AB 288 (eff. Jan 1, 2024) via Cal. Prob. Code 5614.5 (definition) and 5652(c)-(d) (transfer provisions).Cal. Prob. Code 5600-5698Verified May 31, 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 May 31, 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.

TOD Deeds in California

A transfer on death deed in California (YesCal. Prob. Code 5600-5698Verified May 31, 2026) 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 monthsCal. Prob. Code §§ 10800Verified May 31, 2026 for simple estates. A TOD deed removes that property from the probate estate entirely. Estates under $208,850Cal. Prob. Code § 890Verified May 31, 2026 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.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • Cal. Prob. Code § 890
  • Cal. Prob. Code §§ 10800
  • Cal. Prob. Code 5600-5698

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

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California Estate Planning Resources

In-depth guides covering California probate laws, trust requirements, and estate planning strategies.

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

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