Transfer-on-Death Deed

REVOCABLE TRANSFER-ON-DEATH DEED — STATE OF CALIFORNIA

Pursuant to Cal. Prob. Code § 5600 et seq.

Table of Contents

1. Caption and Title
2. Transferor Information
3. Beneficiary Designation
4. Property Description
5. Transfer-on-Death Designation
6. Revocability
7. Effect on Existing Interests
8. Multiple Beneficiary Provisions
9. Signature, Witnesses, and Notarization
10. Recording Information
11. California-Specific Notes
12. Sources and References

1. Caption and Title

RECORDING REQUESTED BY:
[________________________________]

WHEN RECORDED, RETURN TO:
[________________________________]
[________________________________]
[________________________________]

APN: [________________________________]

Documentary Transfer Tax: ☐ $0.00 (no transfer tax — no change in ownership at time of recording)

REVOCABLE TRANSFER-ON-DEATH DEED
(California Probate Code § 5600 et seq.)

2. Transferor Information

3. Beneficiary Designation

I designate the following beneficiary(ies) to receive the described property upon my death:

Primary Beneficiary:

Additional Beneficiary (if applicable):

Alternate Beneficiary (if primary beneficiary does not survive):

4. Property Description

The real property subject to this Revocable Transfer-on-Death Deed is described as follows:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Street Address:
[________________________________], California [____]

County: [________________________________]

Assessor's Parcel Number (APN): [________________________________]

Important Limitation (Cal. Prob. Code § 5610): This TOD deed may only be used for "real property," which means either (1) a parcel of land improved with one to four residential dwelling units, or (2) a residential separate interest and its appurtenant common area in a common interest development (e.g., a condominium unit or a stock-cooperative unit), regardless of the number of separate interests in the development. It may not be used for a parcel of agricultural land greater than 40 acres.

5. Transfer-on-Death Designation

I, the Transferor, hereby make the following transfer-on-death designation:

1. Transfer on Death: Upon my death, I transfer to the designated Beneficiary(ies) all of my interest in the above-described real property.

2. Nontestamentary: This deed is a nontestamentary instrument. It is not a will and is not subject to the requirements for execution of a will.

3. No Present Transfer: This deed does not transfer any present ownership interest in the property. I retain full ownership, control, and all rights to the property during my lifetime, including the right to sell, encumber, or otherwise dispose of the property.

4. Statutory Authority: This deed is made pursuant to Cal. Prob. Code § 5600 et seq.

6. Revocability

THIS DEED IS REVOCABLE.

I may revoke this deed at any time before my death by:

☐ Executing and recording a revocation form (Cal. Prob. Code § 5644)
☐ Executing and recording a new Revocable Transfer-on-Death Deed for the same property
☐ Transferring the property by inter vivos deed to another party or trust

Critical Requirements for Revocation:

• The revoking instrument must be recorded within 60 days of notarization
• The revoking instrument must be recorded before the Transferor's death
• Revocation by will is not effective

7. Effect on Existing Interests

This Transfer-on-Death Deed does not affect:

• Any existing mortgage, deed of trust, lien, or encumbrance
• Any secured creditor's rights
• Co-owners' interests (the deed transfers only the Transferor's share)
• Community property rights of a surviving spouse or domestic partner

The Beneficiary takes the property subject to all existing encumbrances and interests at the time of the Transferor's death.

8. Multiple Beneficiary Provisions

If more than one beneficiary is designated, California law fixes how they take title — the form of co-ownership and the shares are not selectable by the Transferor:

• Under Cal. Prob. Code § 5652(a)(3), multiple beneficiaries take the property as tenants in common, in equal shares. A California revocable TOD deed cannot create a right of survivorship among the beneficiaries and cannot allocate unequal shares.

If a beneficiary predeceases the Transferor:
A beneficiary's interest is contingent on surviving the Transferor; a beneficiary who fails to survive has an interest that lapses (notwithstanding the antilapse rule of § 21110) (Cal. Prob. Code § 5652(a)(2)). Under Cal. Prob. Code § 5652(a)(4), if there is more than one beneficiary, the lapsed share is transferred to the other beneficiaries in equal shares — it does not pass to the deceased beneficiary's heirs. Only if no designated beneficiary survives the Transferor does the transfer fail entirely, in which case the property remains in the Transferor's estate and passes by will or intestate succession.

9. Signature, Witnesses, and Notarization

TRANSFEROR'S SIGNATURE:

_____________________________________________
Signature of Transferor

Printed Name: [________________________________]
Date: [__/__/____]

WITNESS ATTESTATION (Two witnesses required — Cal. Prob. Code § 5624)

Witness 1:
I declare under penalty of perjury under the laws of the State of California that the Transferor signed this deed in my presence.

_____________________________________________
Signature of Witness 1
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

Witness 2:
I declare under penalty of perjury under the laws of the State of California that the Transferor signed this deed in my presence.

_____________________________________________
Signature of Witness 2
Printed Name: [________________________________]
Address: [________________________________]
Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this 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.

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], Notary Public, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.

_____________________________________________
Notary Public

[NOTARY SEAL]

10. Recording Information

CRITICAL RECORDING REQUIREMENTS:

☐ This deed must be recorded on or before 60 days after the date it is acknowledged before a notary (Cal. Prob. Code § 5626)
☐ This deed must be recorded before the Transferor's death
☐ Record with the County Recorder in the county where the property is located
☐ A deed not recorded within that 60-day window is not effective (Cal. Prob. Code § 5626(a))

Upon the Transferor's Death:

To perfect the transfer, the beneficiary should (Cal. Prob. Code § 5680):
☐ Establish the fact of the Transferor's death using the affidavit procedure of Prob. Code § 210 et seq. — record an affidavit of death of the Transferor together with a certified copy of the death certificate with the County Recorder
☐ File a Change in Ownership Statement with the County Assessor (the beneficiary is a transferee of real property by reason of death — Rev. & Tax. Code § 480)
☐ Give notice to the Director of Health Care Services (Medi-Cal) as provided in Prob. Code § 215
☐ Serve notice on the Transferor's heirs and record proof of that notice as required by Prob. Code §§ 5681–5682

11. California-Specific Notes

Sunset Provision

The California Revocable Transfer-on-Death Deed statute is currently set to be repealed on January 1, 2032, unless the Legislature extends it. TOD deeds recorded before the repeal date remain effective.

Community Property

California is a community property state. A TOD deed transfers only the Transferor's interest. If the property is community property, only the Transferor's one-half community property interest passes through the TOD deed. The surviving spouse retains their community property interest.

Property Tax Reassessment

A TOD deed transfer may trigger property tax reassessment under Proposition 19 (effective February 16, 2021), unless an exclusion applies (e.g., parent-to-child transfer of a primary residence with limitations).

Medicaid (Medi-Cal) Estate Recovery

Property transferred by TOD deed may be subject to Medi-Cal estate recovery claims. The California Department of Health Care Services may seek reimbursement from the beneficiary for Medi-Cal benefits paid on behalf of the decedent.

Homestead Exemption

California's homestead exemption protects equity in a primary residence from certain creditor claims. The transfer by TOD deed does not eliminate homestead protection during the Transferor's lifetime.

Statutory Forms

California provides statutory forms for both the TOD deed (Cal. Prob. Code § 5642) and the revocation (Cal. Prob. Code § 5644). Using the statutory forms is recommended to ensure compliance.

Limitation on Property Type

The TOD deed may only be used for "real property" as defined in Cal. Prob. Code § 5610: a parcel improved with one to four residential dwelling units, or a residential separate interest and its appurtenant common area in a common interest development (e.g., a condominium or stock-cooperative unit). It may not be used for a parcel of agricultural land greater than 40 acres. As a practical matter it is unsuitable for purely commercial/industrial property or unimproved land that does not meet the residential definition.

12. Sources and References

• Cal. Prob. Code § 5600 et seq. — Revocable Transfer on Death Deed (repealed as of Jan. 1, 2032, per § 5600)
• Cal. Prob. Code § 5610 — Definition of "Real Property" (eligible property types)
• Cal. Prob. Code § 5624 — Execution Requirements (signed and dated by transferor; two witnesses present at the same time; acknowledged before a notary)
• Cal. Prob. Code § 5626 — 60-Day Recording Requirement (deed not effective unless recorded on or before 60 days after notarization)
• Cal. Prob. Code § 5630 — Revocation by Transferor
• Cal. Prob. Code § 5642 — Statutory TOD Deed Form
• Cal. Prob. Code § 5644 — Statutory Revocation Form
• Cal. Prob. Code § 5652 — Effect at Death; Predeceasing Beneficiary; Concurrent Interests (equal-share tenancy in common)
• Cal. Prob. Code § 5680 — Beneficiary's Post-Death Obligations (establish death, change-in-ownership statement, notice to DHCS)
• Cal. Prob. Code §§ 5681–5682 — Notice to Transferor's Heirs; Affidavit
• Cal. Rev. & Tax. Code § 63.2 (Proposition 19) — Property Tax Reassessment

This template is provided for informational and educational purposes only and does not constitute legal advice. Consult a licensed California attorney before executing any revocable transfer-on-death deed.