California property deeds
Deed rules are state law, and California's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- County Recorder (Clerk-Recorder)
- Witnesses
- Notary only
- Transfer tax
- $0.55 per $500 of consideration
- First-page margin
- 2.5″ top
- Recording fee
- ~$25 first page
- E-recording
- Generally available
Deeds California recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Grant deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Revocable transfer on death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
California does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in California
California requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
A California transfer on death deed needs 2 witnesses. An ordinary California deed needs none
Since January 1, 2022, a California revocable transfer on death deed must be signed by two witnesses who are present at the same time, in addition to being notarized (Cal. Prob. Code § 5624). A beneficiary who serves as a witness is presumed to have exercised undue influence, so use two people who are not inheriting.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None on an ordinary deed. 2 on a transfer on death deed. |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must join to convey community real property (Cal. Fam. Code § 1102). |
California document formatting rules
County recorders in California expect 8.5 × 11 inch paper with a 2.5-inch top margin on the first page and 0.5-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
- California requires a blank space at least 2.5 inches down from the top and 5 inches across from the left of the first page for the recorder's use (Gov. Code § 27361.6).
- Paper must be 8.5 x 11 inches; non-conforming sizes incur a penalty fee.
California transfer tax and recording fees
California charges Documentary transfer tax at $0.55 per $500 of consideration ($1.10 per $1,000) at the county level. Customarily paid by the grantor. Many California cities layer their own transfer tax on top of the county rate. Los Angeles, San Francisco, Oakland, and Berkeley rates are substantially higher.
Common exemptions: gifts and transfers without consideration, transfers between spouses or registered domestic partners, transfers into a revocable trust for the grantor's benefit, and parent-child transfers may qualify for prop 19 reassessment relief (separate claim form).
A form has to travel with the deed
California requires Preliminary Change of Ownership Report (PCOR); documentary transfer tax declaration on the face of the deed with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $25 for the first page plus roughly $3 per additional page. Add the SB2 Building Homes and Jobs Act fee of $75 per title (capped at $225) unless the transfer is exempt.
How to hold title in California
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Community property. Property acquired during marriage belongs to both spouses equally.
- Community property with right of survivorship, usually the best choice for married couples here: probate avoidance plus a full step-up in basis on the whole property at the first death.
What the law presumes for married couples
Property acquired during marriage is presumed community property (Cal. Fam. Code § 760).
Where to record a deed in California
Deeds are recorded with the County Recorder (Clerk-Recorder) in the county where the property is located. California has 58 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Los Angeles · San Diego · Orange · Riverside · San Bernardino · Santa Clara · Alameda · Sacramento · Contra Costa · Fresno · Kern · Ventura · San Francisco · San Mateo. all California recording offices
Why deeds get rejected in California
- California's grant deed, not a general warranty deed, is the standard sale instrument. It carries two implied covenants under Civ. Code § 1113.
- A California transfer on death deed must be recorded within 60 days of the date it is notarized. Miss that window and the deed is void, even if it is otherwise perfect.
- A California TOD deed has needed TWO witnesses as well as a notary since January 1, 2022. No ordinary California deed requires witnesses, so this is the trap that voids most DIY California TOD deeds. Do not use a beneficiary as one of the witnesses.
- California's TOD deed statute is currently set to expire on January 1, 2032. A deed signed before that date stays valid.
- The TOD deed only works for residential property with up to four units, a single condo unit, or agricultural land of 40 acres or less.
- A Preliminary Change of Ownership Report (PCOR) should accompany the deed. Without it the recorder charges an extra fee and the assessor sends a follow-up.
- Reserve a 2.5-inch blank margin at the top of page one. California recorders reject deeds that write into the stamp area.
From $39. Every California rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Recorder (Clerk-Recorder) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. California does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $25 for the first page plus roughly $3 per additional page. California also charges documentary transfer tax at $0.55 per $500 of consideration ($1.10 per $1,000) at the county level.
Yes. The statute is Cal. Prob. Code § 5600 et seq. California calls it a revocable transfer on death deed. It must be recorded before the owner's death to be effective.
Keep reading
- California quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- California general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- California grant deedTransfers ownership, but only guarantees the title for the period you owned it.
- California revocable transfer on death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- California recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.