California revocable transfer on death deed
A revocable transfer on death deed lets you name who inherits your California property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what California requires, what it costs, and where to file it.
- Recording office
- County Recorder (Clerk-Recorder)
- Witnesses
- 2 + notary
- Transfer tax
- None when recorded
- First-page margin
- 2.5″ top
- Recording fee
- ~$15 first page
- E-recording
- Approved submitters
What a revocable transfer on death deed does in California
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In California the governing statute is Cal. Prob. Code § 5600 et seq. California's TOD deed has no effect unless it is recorded within 60 days after it is notarized (Cal. Prob. Code § 5626). Since 2022 it also needs two witnesses as well as a notary. It works only for a parcel improved with one to four residential units, or a residential unit in a condominium or other common interest development, and never for agricultural land over 40 acres (Cal. Prob. Code § 5610).
The California law behind this deed
Start with Cal. Prob. Code § 5600 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Revocable transfer on death deeds specifically | Cal. Prob. Code § 5600 et seq. |
| Conveyances generally | Cal. Civ. Code § 1091 |
| Recording with the County Recorder (Clerk-Recorder) | Cal. Gov. Code § 27201 |
| Transfer tax | Cal. Rev. & Tax. Code § 11911 |
When California homeowners use a revocable transfer on death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Revoke or change an earlier beneficiary designation
What California requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What California says |
|---|---|
| Recording office | County Recorder (Clerk-Recorder) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Recommended. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2.5-inch clear space at the top of page one, 0.5-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Timing | Must be recorded within 60 days after it is notarized. If it is not, it has no effect, even if you are still alive (Cal. Prob. Code § 5626). |
A revocable transfer on death deed needs 2 witnesses in California, even though an ordinary California deed needs none
Since January 1, 2022, a California revocable transfer on death deed must be signed by two witnesses, in addition to being notarized. The witnesses must be present at the same time and must witness you sign the deed or acknowledge that you signed it (Cal. Prob. Code § 5624); that can be at the notary appointment. A beneficiary who serves as a witness is presumed to have procured the deed by undue influence (Cal. Prob. Code § 5625(c)), so use two people who are not inheriting.
Community property needs your spouse's recorded consent
If the property is community property, the deed passes only your half unless your spouse gives written consent to it, and that consent must be recorded (Prob. Code §§ 5020, 5666). If you hold title as community property with right of survivorship or as joint tenants, the deed is void if you die first (Prob. Code § 5664).
How to complete and record it in California
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder (Clerk-Recorder) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 2.5-inch first-page margin used for California deeds.
- Sign in front of a notaryBring photo ID and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- Record it with the County Recorder (Clerk-Recorder)File in the county where the property is located and pay the recording fee. California counties e-record only through authorized submitters under contract with the county, such as title companies, lenders, government agencies and other approved submitters (Cal. Gov. Code § 27390 et seq.). If you prepare your own deed, plan to record it in person or by mail, or ask a title or escrow company to submit it for a fee. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Recorder (Clerk-Recorder) so the land records show them as the owners.
What it costs in California
| Cost | Typical amount |
|---|---|
| Recording fee | About $15 for the first page and roughly $3 per additional page |
| Transfer tax | None when recorded |
| Notary | California caps the notary fee for an acknowledgment at $15 per signature (Cal. Gov. Code § 8211). A mobile notary may add a travel fee. |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
No documentary transfer tax and no Preliminary Change of Ownership Report are due when you record this deed; the deed itself states both exemptions (Cal. Rev. & Tax. Code §§ 11930, 480.3; Prob. Code § 5642). After your death, your beneficiary must file a change-in-ownership statement within 150 days (Rev. & Tax. Code § 480(b)).
Where to record it in California
California deeds are recorded with the County Recorder (Clerk-Recorder) in the county where the property sits, not where you live. There are 58 counties in California.
California counties e-record only through authorized submitters under contract with the county, such as title companies, lenders, government agencies and other approved submitters (Cal. Gov. Code § 27390 et seq.). If you prepare your own deed, plan to record it in person or by mail, or ask a title or escrow company to submit it for a fee.
Recording offices we cover in California: Los Angeles, San Diego, Orange, Riverside, San Bernardino, Santa Clara, Alameda, Sacramento, Contra Costa, Fresno, Kern, Ventura. See all California recording offices.
What a revocable transfer on death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
Quirks of California law that catch people out
- 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 requirement is easy to miss, and a TOD deed without two witnesses has no effect (Prob. Code § 5624). 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 works only for a parcel improved with one to four residential units, or a residential unit in a condominium, planned development, stock cooperative or other common interest development (Prob. Code § 5610). It cannot be used for bare land, commercial property, or agricultural land over 40 acres.
- File a Preliminary Change of Ownership Report (BOE-502-A, signed by the new owner) with a deed that conveys ownership now. It is not a condition of recording: without it the recorder adds a $20 fee (Rev. & Tax. Code § 480.3), and the assessor sends a change-in-ownership statement that must be returned within 90 days to avoid a penalty (§ 480). A transfer on death deed needs no report when it is recorded.
- Keep the top 2.5 inches of page one clear except for the requester and return-address block in its left 3.5 inches (Gov. Code § 27361.6). If page one doesn't comply, the recorder requires an added cover page and charges for the extra page.
- Appear before the notary in person. California notaries cannot notarize remotely until the Secretary of State's online system is ready, by January 1, 2030 at the latest. If you sign outside California, the notary there completes their own state's acknowledgment certificate, which California accepts (Civ. Code § 1189(b)); ask your recorder before relying on a remote notarization from another state.
- A transfer to your child can reset the property tax. Proposition 19 avoids that only for a parent's principal residence that becomes the child's principal residence within one year, with the homeowners' exemption filed within a year, and only for up to $1,000,000 of value above the current taxable value. The child must file the claim (BOE-19-P) with the county assessor, generally within three years (Rev. & Tax. Code § 63.2). This is a property tax rule, not a transfer tax exemption.
$49, one time. Your finished deed appears in full before you pay, with California's witness rules, margins, and recording instructions already applied.
Common questions
No. California has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the County Recorder (Clerk-Recorder). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $15 for the first page and roughly $3 per additional page. No documentary transfer tax and no Preliminary Change of Ownership Report are due when you record this deed; the deed itself states both exemptions (Cal. Rev. & Tax. Code §§ 11930, 480.3; Prob. Code § 5642). After your death, your beneficiary must file a change-in-ownership statement within 150 days (Rev. & Tax. Code § 480(b)). Recording fees vary by county, and the $15 figure is Los Angeles County's base fee for the first page, not a statewide fee. San Luis Obispo County lists $14 and $3 for each additional page. Each county adds charges that depend on the document: Los Angeles lists a $2 restrictive covenant fee and a $7 fraud notification fee, among others, so its total for a one-page deed is higher. Add the $75 SB2 fee (Cal. Gov. Code § 27388.1) per document, capped at $225 per transaction per parcel, unless an exemption is stated on the face of the document: the transfer is subject to documentary transfer tax, or it transfers a residential dwelling to an owner-occupier. Ask your county recorder for the total for your deed.
Yes. Since January 1, 2022, a California revocable transfer on death deed must be signed by two witnesses, in addition to being notarized. The witnesses must be present at the same time and must witness you sign the deed or acknowledge that you signed it (Cal. Prob. Code § 5624); that can be at the notary appointment. A beneficiary who serves as a witness is presumed to have procured the deed by undue influence (Cal. Prob. Code § 5625(c)), so use two people who are not inheriting. Note that this is stricter than an ordinary California deed, which needs no witnesses at all. Deedly puts the right number of witness lines on your document automatically.
With the County Recorder (Clerk-Recorder) in the county where the property is located, not where you live, and not where the buyer lives. California has 58 counties. California counties e-record only through authorized submitters under contract with the county, such as title companies, lenders, government agencies and other approved submitters (Cal. Gov. Code § 27390 et seq.). If you prepare your own deed, plan to record it in person or by mail, or ask a title or escrow company to submit it for a fee.
Yes. Revocable transfer on death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Recorder (Clerk-Recorder) so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Not the deed itself. If the property is community property, the deed passes only your half unless your spouse gives written consent to it, and that consent must be recorded (Prob. Code §§ 5020, 5666). If you hold title as community property with right of survivorship or as joint tenants, the deed is void if you die first (Prob. Code § 5664).
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 life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for CaliforniaRecording offices, transfer tax, witness rules, and fees.
- California recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.