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Transfer on Death

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California Revocable Transfer on Death (TOD) Deed

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. Provide only the information asked for in the form.

Recording requested by:

And, when recorded, mail this deed and tax statements to:

Assessor’s Parcel Number (APN):

PROPERTY DESCRIPTION:

BENEFICIARY(IES):

Print the FULL NAME(S) of the person(s) who will receive the property on your death and state the relationship that each named person has to you.

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:

Date:

Signature:

Notary Public Acknowledgment

State of California, County of ss.

On , 20 before me,

Signature (Seal)

Common Questions About the Use of This Form

1. What does the TOD deed do? When you die, the identified property will transfer to your named beneficiary without probate.

2. Can I use this deed to transfer business property? This deed can only be used to transfer certain residential property as described in the form.

3. How do I use the TOD deed? Complete this form, have it notarized, and record the form in the county where the property is located.

4. Is the legal description necessary? Yes.

5. How do I find the legal description? It may be on the deed or in the county recorder’s office.

6. How do I record the form? Take the completed and notarized form to the county recorder.

7. What if I share ownership? This form only transfers your share of the property.

8. Can I revoke the TOD deed? Yes, at any time.

9. How do I revoke the TOD deed? By recording a revocation, a new TOD deed, or by transferring the property before death.

10. Can I revoke a TOD deed by creating a new document that disposes of the property? Yes, but only if the new document is recorded.

11. If I sell or give away the property, what happens? If the transfer is recorded before death, the TOD deed will have no 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.

13. Do I need to tell my beneficiary? No.

14. What does my beneficiary need to do when I die? Record evidence of your death and file change of ownership notices.

15. What if I name more than one beneficiary? They become co-owners in equal shares as tenants in common.

16. How do I name beneficiaries? Use each beneficiary’s full name and relationship.

17. What if a beneficiary dies before I do? The deed may fail or the share may pass to surviving beneficiaries depending on circumstances.

18. What is the effect on joint tenancy or community property with right of survivorship? The deed may be void depending on who dies first.

19. Can I add other conditions? No.

20. Is property transferred by the TOD deed subject to debts? Yes.

21. Does the TOD deed help avoid gift and estate taxes? No.

22. How does the TOD deed affect property taxes? It has no effect until death.

23. Does the TOD deed affect Medi-Cal eligibility? No.

24. After my death, will my home be liable for reimbursement? It may be liable for reimbursement.

Exhibit A

Grantors:

Grantee:

Legal Description:

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What a Transfer on Death Does and When It Applies

A Transfer on Death is a document or deed that lets an owner name one or more beneficiaries to receive specified assets at the owner’s death without probate. While the owner remains alive they keep full ownership and control and may revoke or change the designation. TOD instruments are used for real property, securities, and accounts when state law permits; they must be executed and recorded according to local rules to become effective at death and to minimize title disputes and administrative delay.

Why Use a Transfer on Death for Estate Transfers

A TOD simplifies transfer of designated assets by avoiding probate, preserving owner control while alive, and reducing administrative delay and expense. It takes effect only at death, is usually revocable, and must comply with state recording and execution rules to ensure enforceability and clear title transfer.

Why Use a Transfer on Death for Estate Transfers

Who Typically Uses Transfer on Death Instruments

Typical users include individual property owners, estate planners, trustees, and family members arranging beneficiary designations.

  • Individual homeowners seeking to transfer real property outside probate quickly.
  • Investors or account holders designating TOD for securities or financial accounts.
  • Estate planning attorneys preparing clear, state-compliant beneficiary transfer instructions for clients.

Confirm local recording and notarization or witness requirements for all parties before finalizing a TOD to avoid rejections.

Primary Roles Involved in a Transfer on Death

Owner / Grantor

The property owner names beneficiaries, retains control while alive, and must sign the TOD in the state-prescribed form. Mistakes in names or the legal description can lead to rejection or delayed recording and may require corrective instruments or legal action.

Beneficiary

A named beneficiary receives title only at the owner’s death if the TOD is valid and recorded. Beneficiaries should confirm name accuracy, understand liens or mortgages may affect the transfer, and be prepared to record death certificates or other post-death documents if required.

Essential Data Elements for a Transfer on Death

Owner Name: Full legal name matching ID
Beneficiary Name(s): Full legal name and contact
Property Legal Description: Metes and bounds or recorded text
Parcel ID/APN: County-assigned parcel number
Effective Date: Enter as MM/DD/YYYY format
Notary Acknowledgment: Notary signature and seal

Consequences and Common Risks of an Incorrect TOD

Invalid Legal Description: Record rejected by county
Mismatched Names: Triggers recording delays
Missing Notary: Deed may be void
Creditor Claims: Subject to outstanding liens
Revocation Conflicts: Prior revocations may supersede
Tax Consequences: Possible estate tax implications

Avoidable Errors That Cause Recording Delays

  • Using an incomplete or informal property description causes county clerks to reject or delay recording, potentially leaving the asset subject to probate despite the TOD intent.
  • Not recording the TOD deed promptly or at the correct county can create title confusion and permit creditors or third parties to claim interests before transfer occurs.
  • Naming beneficiaries ambiguously (for example, failing to include full legal names or using class descriptions without clarity) often invalidates the beneficiary’s ability to prove entitlement.
  • Relying on a TOD when title is held jointly or subject to a life estate can produce conflicting results; verify ownership interests and seek counsel if rights overlap.

Step-by-Step: Complete and Record a Transfer on Death

Follow these steps to complete and record a Transfer on Death deed accurately in the appropriate county and per state rules.

  • 01
    Prepare Deed: Draft legal description and beneficiary names
  • 02
    Execute: Owner signs in presence required by state
  • 03
    Notarize: Obtain notary acknowledgement or RON if allowed
  • 04
    Record: File with county recorder and obtain stamped copy

How to Customize and Complete a TOD Online

Configure your online TOD workflow to capture required fields, authenticate signers, and route the executed deed for recording.

Field Configuration
Owner Name Required; exact-match validation
Beneficiary Required; include full name and share percentage
Notary / RON Enable multi-factor and audio-video record retention
Recording Copy Generate county-ready PDF; include cover sheet

Where to File and Submit an Executed TOD

Know where to submit the executed TOD deed and how to confirm successful recording with county recorder.

  • County Recorder: Primary filing office for TOD deeds; include recording fee
  • Clerk of Court: Some jurisdictions require additional indexing or filing with clerk
  • Title Company: Optional: notify title company to update title insurance and records
  • Recorder Confirmation: Obtain stamped recording receipt or online confirmation number

Distribution and Technical Requirements for Electronic TODs

Use electronic distribution and integrated platforms to send TOD documents to signers and the county recorder where permitted.

  • Supported Formats: PDF, DOCX, and fillable forms
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication Options: Email, SMS, KBA, advanced auth

Typical Timelines and Processing Expectations

Recording and processing times vary by county; plan for local processing and any delay before beneficiaries can act on the property.

Drafting and Review:

Allow several days for legal review and corrections

Execution and Notarization:

Complete signing and notarization in person or via RON if permitted

County Recording:

Expect 3 to 10 business days for county processing

Recorded Title Update:

Title companies update records within 2–4 weeks

Beneficiary Transfer Effective:

Transfer occurs at death once recording is complete

Key Milestones from Execution to Title Transfer

Key milestones after preparing a TOD deed guide you from execution to final title transfer; observe each stage to avoid recording issues.

01

Prepare Document

Complete legal description and beneficiary designations

02

Signing and Notary

Owner signs; notary acknowledges signature or RON session recorded

03

Record Deed

Submit to county recorder with fees and required copies

04

Post-Record Confirmation

Obtain stamped copy and update title insurance records

Key Components of a Professional Transfer on Death

A professional Transfer on Death deed combines accurate legal description, clear beneficiary language, proper execution, and timely recording to ensure the intended transfer occurs without probate delays.

Clear Beneficiary Language

Specify beneficiaries by full legal name and allocation method (for example, specific share, per capita, or per stirpes). Avoid class descriptions like 'children' without further identification to reduce disputes and ambiguity.

Accurate Property Description

Use the exact recorded legal description or reference the deed book and page; including the parcel number helps clerks locate the record and prevents misfiling that could invalidate the TOD.

Revocation Clause

Include express revocation or amendment language clarifying that the owner may revoke or change the TOD at any time; this preserves owner control and prevents unintended vesting or conflicts with later instruments.

Execution Formalities

Follow state execution rules including required signatures, witness counts, and notary acknowledgements. Some states permit remote online notarization while others require in-person acknowledgment—comply with local law.

Recording Instructions

Provide explicit instructions for where to record (county recorder), fees to include, and the number of certified copies to obtain. Failing to record defeats the TOD’s purpose and leaves the asset subject to probate.

Conflict Clauses

Address conflicts with wills, joint tenancy, or liens. State whether the TOD is intended to supersede other instruments or is subject to existing encumbrances to clarify expectations and reduce litigation risk.

Supporting Documents to Include with a TOD Filing

Attach supporting records to strengthen recording: current deed, title report, and proof of identity help the recorder and title companies process the TOD faster and reduce follow-up requests.

Current Deed

Include a copy of the existing recorded deed so the TOD can reference the exact legal description and chain of title without ambiguity.

Title Report

A recent title search or preliminary title report reveals liens or easements that could affect transfer and helps beneficiaries anticipate obstacles or required clearances.

ID Proof

Provide government-issued ID copies for the owner; some jurisdictions require ID verification for notary or remote online notarization identity-proofing processes.

Cover Letter

A brief cover letter to the recorder specifying recording instructions, fee enclosed, and contact information reduces clerical errors and clarifies the filer’s intent.

Practical Tips to Avoid Rejection and Delay

Follow these best practices to reduce rejection risk and ensure beneficiary expectations are clear before recording.

Use exact recorded property descriptions
Always pull the legal description from the existing recorded deed or county records. Transcribing street addresses or informal descriptions leads to rejections; an exact legal description is the primary cause of successful TOD recording.
Confirm beneficiary details in writing
Collect beneficiary full legal names, contact information, and identification in writing. Maintain a signed, dated roster and distribute notifications to reduce disputes; clear written records aid clerks and estate representatives.
Check county recording requirements and fees
Counties differ on acceptable e-recording, required fee amounts, witness rules, and document formatting. Confirm whether the recorder accepts signed PDFs or requires original signatures to avoid rejections and processing delays.
Consider an attorney review for complex situations
When there are mortgages, liens, joint owners, or unclear title history, a licensed attorney or title company review reduces risk and prevents invalid transfers that could lead to litigation.

Frequently Asked Questions About Transfer on Death

Answers to common Transfer on Death questions about e-signing, recording, revocation, and competing instruments are below.


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eSignature Vendor Comparison for Completing a Transfer on Death

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