California general warranty deed
Here is what California actually requires on a general warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- 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
What a general warranty deed does in California
A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.
When California homeowners use a general warranty deed
- Sell a property directly to a buyer without an agent
- Transfer a property where the buyer expects full title protection
- Satisfy a purchase contract that calls for a warranty deed
- Convey property where a title company requires warranty covenants
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. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| 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 top margin on the first page, 0.5-inch elsewhere, 10pt minimum type. |
| Accompanying form | Preliminary Change of Ownership Report (PCOR); documentary transfer tax declaration on the face of the deed |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey community real property (Cal. Fam. Code § 1102).
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 California's statutory language, the correct notary block, and the 2.5-inch first-page margin county recorders expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Preliminary Change of Ownership Report (PCOR); documentary transfer tax declaration on the face of the deedCalifornia requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Recorder (Clerk-Recorder)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in California
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 for the first page plus about $3 per additional page |
| Transfer tax | Documentary transfer tax: $0.55 per $500 of consideration ($1.10 per $1,000) at the county level |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
California charges a documentary transfer tax of $0.55 per $500 of consideration ($1.10 per $1,000) at the county level. It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: 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). You have to claim the exemption. The recorder won't apply it for you.
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.
Most California recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
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 general warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
- It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
- It does not avoid probate and cannot be revoked once delivered and recorded.
- Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.
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 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.
How to hold title in California
When two or more people take title in California and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in California: joint tenancy with right of survivorship, tenancy in common, community property, and community property with right of survivorship.
Married couples
Property acquired during marriage is presumed community property (Cal. Fam. Code § 760).
$69, 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 recording with the County Recorder (Clerk-Recorder). Deedly produces all of that for $69, versus roughly $300–$1,200 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 $25 for the first page and about $3 per additional page. California also charges documentary transfer tax of $0.55 per $500 of consideration ($1.10 per $1,000) at the county level, though gifts and family transfers are often exempt. Add the SB2 Building Homes and Jobs Act fee of $75 per title (capped at $225) unless the transfer is exempt.
No. California requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
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. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey community real property (Cal. Fam. Code § 1102). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- California quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- 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 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
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.