Do I Need a Transfer on Death Deed in California?

A revocable transfer on death deed in California requires notary acknowledgment and 2 witnessesCal. Prob. Code 5600-5698Verified Oct 18, 2026View source. The signed deed must be recorded at the county recorder before death to take effectCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization. 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. A revocable transfer on death deed is revocable at any time during the owner's life, and California revokes one by: 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 5632Verified Oct 17, 2026View source. A will cannot revoke it.

California limits revocable transfer on death deeds to specific property interestsCal. Prob. Code 5600-5698Verified Oct 17, 2026View source. 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), which struck the stock-cooperative exclusion from Cal. Prob. Code 5610(b) and added 5614(c) (a TOD deed may transfer real property even if ownership is not typically evidenced or transferred by a deed), 5614.5 (definition, cross-referencing Cal. Civ. Code 4190) and 5652(c)-(d) (transfer and buyout provisions).

Yes. California allows multiple beneficiaries on a revocable transfer on death deedCal. Prob. Code 5600-5698Verified Oct 17, 2026View source; they take title as tenants in common unless the deed says otherwise.