What Do I Need to Sign My TOD Deed in California?
In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization.
California requires 2 witnesses for a TOD deedCal. Prob. Code 5600-5698Verified Oct 18, 2026View source. A witness must be at least 18 years old.
Yes. California requires notarization for a TOD deed to be validCal. Prob. Code 5600-5698Verified Oct 18, 2026View source.
California allows remote online notarization (RON) for TOD deedsCal. Gov. Code § 8231 et seq.; Cal. Civ. Code § 1181.1Verified Sep 4, 2026View source, a secure video session with an approved online notary. The state also accepts an out-of-state RONCal. Gov. Code § 8231 et seq.; Cal. Civ. Code § 1181.1Verified Sep 4, 2026View source.
To execute a TOD deed in California: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Schedule a notary appointment (in-person or online via RON). Wet signature required; the notarization step may still be remote
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a California TOD deed recorded in the California county where the property sits. A TOD deed signed in another state cannot transfer California real property, however it was executed; real estate in more than one state needs a deed for each parcel. The California document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in California: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In California, a will is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitCal. Prob. Code § 6110Verified Oct 18, 2026View source.
Codicil to a Will
In California, a codicil is signed before 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, like a will.
Healthcare Power of Attorney
California allows a choice for a healthcare power of attorney: 2Cal. Prob. Code § 4701Verified Oct 15, 2026View source witnesses or a notary.
HIPAA Release
In California, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsCal. Health & Safety Code § 120980(a), (g) (Stats. 2006, Ch. 20, § 4); Cal. Welfare & Institutions Code § 5328(a), (a)(2) (Stats. 2023, Ch. 191, § 9 / SB 137); Cal. Health & Safety Code § 11845.5(a), (b), (e) (Stats. 2024, Ch. 847, § 69 / AB 2995)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
Financial Power of Attorney
California requires explicit durability language for a power of attorney to survive incapacityCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Oct 21, 2026View source, and it is signed before 2Cal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source witnesses or a notary.
Transfer on Death Deed
In California, a revocable transfer on death deed is signed before a notaryCal. Prob. Code 5600-5698Verified Oct 18, 2026View source and 2Cal. Prob. Code 5600-5698Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's deathCal. Prob. Code 5600-5698Verified Oct 18, 2026View source, within 60 daysCal. Prob. Code 5600-5698Verified Oct 18, 2026View source of notarization. California does not recognize a Lady Bird deed.
Vehicle Transfer on Death
California allows a transfer-on-death beneficiary designation on a vehicle titleCal. Veh. Code §§ 4150.7, 5910.5 (vehicles); §§ 9852.7, 9916.5 (vessels)Verified Oct 21, 2026View source, filed through the California Department of Motor Vehicles (DMV).
Living Will
In California, the living will is the Advance Health Care DirectiveCal. Prob. Code Div. 4.7 (Health Care Decisions Law), §§ 4600-4806; Part 2 (Uniform Health Care Decisions Act), §§ 4670-4743Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in California
Free tools for planning your estate in California: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
California recognizes a will signed under the law of the place where it was signedCal. Prob. Code § 6113Verified Oct 18, 2026View source; a will signed in California itself needs 2Cal. Prob. Code § 6110Verified Oct 18, 2026View source witnesses, and notarization is not requiredCal. Prob. Code § 6110Verified Oct 18, 2026View source.
Trust or Will: Which Costs Less?
In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in California runs $4,320Estimate: 10 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's California Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in California runs $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In California, a parent names a guardian for a minor child in a will or a separate signed writingCal. Prob. Code §§ 1500, 1501, 1502, 1514Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Cal. Fam. Code § 6500Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
California authorizes transfer on death deedsCal. Prob. Code 5600-5698Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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California Estate Planning Resources
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.