© 2016 - U.S. Legal Forms, Inc.
CALIFORNIA
REVOCABLE TRANSFER ON DEATH
(TOD) DEED
[Individual to Individual]
[Without Alternative Beneficiary(ies)]
Control Number: CA-01-84
I. TIPS ON COMPLETING THE FORMS
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By clicking on the appropriate form field, you will be able to enter the needed information. In
some instances, the form field and the line will disappear after information is entered. In other
cases, it will not. The form was created to function in this manner.
II. DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for
the State of California. All information and Forms are subject to this Disclaimer:
All forms in this package are provided without any warranty, express or implied, as to
their legal effect and completeness. Please use at your own risk. If you have a serious
legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms,
Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are
not a substitute for the advice of an attorney.
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Recording requested by:
And, when recorded, mail this deed and tax
statements to:
For Official Use Only
Assessor’s Parcel Number (APN): This transfer is exempt from the documentary
transfer tax under Rev. & Tax. Code § 11930. This
document is exempt from preliminary change of
ownership report under Rev. & Tax. Code § 480.3.
SIMPLE REVOCABLE TRANSFER ON DEATH DEED
[California Probate Code § 5642]
IMPORTANT NOTICE: THIS DEED MUST BE RECORDED ON OR
BEFORE 60 DAYS AFTER THE DATE IT IS SIGNED AND NOTARIZED
Use this deed to transfer the residential property described below directly to your named beneficiaries
when you die. YOU SHOULD CAREFULLY READ ALL OF THE INFORMATION ON THE
OTHER PAGES OF THIS FORM . You may wish to consult an attorney before using this deed. It may
have results that you do not want. Provide only the information asked for in the form. DO NOT INSERT
ANY OTHER INFORMATION OR INSTRUCTIONS . This form MUST be RECORDED on or
before 60 days after the date it is signed and notarized or it will not be effective.
PROPERTY DESCRIPTION: ( Print the legal description of the residential property affected by this deed.)
See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full
Legal Description:
BENEFICIARY(IES): ( Print the FULL NAME(S) of the person(s) who will receive the property on your
death (DO NOT use general terms like “my children”) and state the RELATIONSHIP that each named person has to
you (spouse, son, daughter, friend, etc.):
Simple Revocable Transfer on Death Deed Page 1 of 4
Name: Relationship:
TRANSFER ON DEATH: I, , transfer all of my
interest in the described property to the named beneficiary(ies) on my death. I may revoke this
deed. When recorded, this deed revokes any TOD deed that I made before signing this deed.
Sign and print your name below: ( Your name should exactly match the name shown on your title documents)
Date:
(Signature of Declarant)
(Type or Print Name of Declarant)
NOTE: This deed only transfers MY ownership share of the property. The deed does NOT
transfer the share of any co-owner of the property. Any co-owner who wants to name a TOD
beneficiary must execute and RECORD a SEPARATE deed
A notary public or other officer completing the certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189.
State of California , County of ss.
On , 20 before me,
(here insert name and title of the officer), personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity , and that by his signature on the instrument the person , or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Simple Revocable Transfer on Death Deed Page 2 of 4
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
[California Probate Code § 5642(b)]
1. WHAT DOES THE TOD DEED DO? When you die, the identified property will transfer to your
named beneficiary without probate. The TOD deed has no effect until you die. You can revoke it at
any time.
2. CAN I USE THIS DEED TO TRANSFER BUSINESS PROPERTY? This deed can only be used to
transfer (1) a parcel of property that contains one to four residential dwelling units, (2) a
condominium unit, or (3) a parcel of agricultural land of 40 acres or less, which contains a single-
family residence.
3. HOW DO I USE THE TOD DEED? Complete this form. Have it notarized. RECORD the form in
the county where the property is located. The form MUST be recorded on or before 60 days after
the date you sign it or the deed has no effect.
4. IS THE “LEGAL DESCRIPTION” OF THE PROPERTY NECESSARY? Yes.
5. HOW DO I FIND THE “LEGAL DESCRIPTION” OF THE PROPERTY? This information may
be on the deed you received when you became an owner of the property. This information may also
be available in the office of the county recorder for the county where the property is located. If you
are not absolutely sure, consult an attorney.
6. HOW DO I “RECORD” THE FORM? Take the completed and notarized form to the county
recorder for the county in which the property is located. Follow the instructions given by the county
recorder to make the form part of the official property records.
7. WHAT IF I SHARE OWNERSHIP OF THE PROPERTY? This form only transfers YOUR share
of the property. If a co-owner also wants to name a TOD beneficiary, that co-owner must complete
and RECORD a separate form.
8. CAN I REVOKE THE TOD DEED IF I CHANGE MY MIND? Yes. You may revoke the TOD
deed at any time. No one, including your beneficiary, can prevent you from revoking the deed.
9. HOW DO I REVOKE THE TOD DEED? There are three ways to revoke a recorded TOD deed: (1)
Complete, have notarized, and RECORD a revocation form. (2) Create, have notarized, and
RECORD a new TOD deed. (3) Sell or give away the property, or transfer it to a trust, before your
death and RECORD the deed. A TOD deed can only affect property that you own when you die. A
TOD deed cannot be revoked by will.
10. CAN I REVOKE A TOD DEED BY CREATING A NEW DOCUMENT THAT DISPOSES OF
THE PROPERTY (FOR EXAMPLE, BY CREATING A NEW TOD DEED OR BY ASSIGNING
THE PROPERTY TO A TRUST)? Yes, but only if the new document is RECORDED. To avoid
any doubt, you may wish to RECORD a TOD deed revocation form before creating the new
instrument. A TOD deed cannot be revoked by will, or by purporting to leave the subject property
to anyone via will.
11. IF I SELL OR GIVE AWAY THE PROPERTY DESCRIBED IN A TOD DEED, WHAT
HAPPENS WHEN I DIE? If the deed or other document used to transfer your property is
RECORDED before your death, the TOD deed will have no effect. If the transfer document is not
RECORDED before your death, the TOD deed will take effect.
12. I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO? Do NOT
complete this form unless you freely choose to do so. If you are being pressured to dispose of your
property in a way that you do not want, you may want to alert a family member, friend, the district
attorney, or a senior service agency.
Simple Revocable Transfer on Death Deed Page 3 of 4
13. DO I NEED TO TELL MY BENEFICIARY ABOUT THE TOD DEED? No. But secrecy can
cause later complications and might make it easier for others to commit fraud.
14. WHAT DOES MY BENEFICIARY NEED TO DO WHEN I DIE? Your beneficiary must
RECORD evidence of your death (Prob. Code § 210), and file a change in ownership notice (Rev.
& Tax. Code § 480). If you received Medi-Cal benefits, your beneficiary must notify the State
Department of Health Care Services of your death and provide a copy of your death certificate
(Prob. Code § 215).
15. WHAT IF I NAME MORE THAN ONE BENEFICIARY? Your beneficiaries will become co-
owners in equal shares as tenants in common. If you want a different result, you should not use this
form.
16. HOW DO I NAME BENEFICIARIES? You MUST name your beneficiaries individually, using
each beneficiary’s FULL name. You MAY NOT use general terms to describe beneficiaries, such
as “my children.” For each beneficiary that you name, you should briefly state that person’s
relationship to you (for example, my spouse, my son, my daughter, my friend, etc.).
17. WHAT IF A BENEFICIARY DIES BEFORE I DO? If all beneficiaries die before you, the TOD
deed has no effect. If a beneficiary dies before you, but other beneficiaries survive you, the share of
the deceased beneficiary will be divided equally between the surviving beneficiaries. If that is not
the result you want, you should not use the TOD deed.
18. WHAT IS THE EFFECT OF A TOD DEED ON PROPERTY THAT I OWN AS JOINT
TENANCY OR COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP? If you are the
first joint tenant or spouse to die, the deed is VOID and has no effect. The property transfers to your
joint tenant or surviving spouse and not according to this deed. If you are the last joint tenant or
spouse to die, the deed takes effect and controls the ownership of your property when you die. If
you do not want these results, do not use this form. The deed does NOT transfer the share of a co-
owner of the property. Any co-owner who wants to name a TOD beneficiary must complete and
RECORD a SEPARATE deed.
19. CAN I ADD OTHER CONDITIONS ON THE FORM? No. If you do, your beneficiary may need
to go to court to clear title.
20. IS PROPERTY TRANSFERRED BY THE TOD DEED SUBJECT TO MY DEBTS? Yes.
21. DOES THE TOD DEED HELP ME TO AVOID GIFT AND ESTATE TAXES? No.
22. HOW DOES THE TOD DEED AFFECT PROPERTY TAXES? The TOD deed has no effect on
your property taxes until your death. At that time, property tax law applies as it would to any other
change of ownership.
23. DOES THE TOD DEED AFFECT MY ELIGIBILITY FOR MEDI-CAL? No.
24. AFTER MY DEATH, WILL MY HOME BE LIABLE FOR REIMBURSEMENT OF THE
STATE FOR MEDI-CAL EXPENDITURES? Your home may be liable for reimbursement. If you
have questions, you should consult an attorney.
Simple Revocable Transfer on Death Deed Page 4 of 4
EXHIBIT A
Grantors:
Grantee:
Legal Description:
Exhibit A
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