California Transfer on Death Deed: Complete TOD Guide

California's transfer on death deed (TOD deed) allows you to name a beneficiary who receives your home automatically when you die without going through probate. This simple, low-cost tool provides an alternative to a living trust for transferring real property.

What Is a Transfer on Death Deed?

A transfer on death deed, also called a revocable transfer on death deed, is a document that transfers real property to a beneficiary at the owner's death. During the owner's lifetime, the deed has no effect. The owner retains full control and can revoke the deed at any time.

At death, the property transfers automatically to the named beneficiary. No probate required.

Key Features

Revocable: You can change or cancel it anytime
No current transfer: The beneficiary has no rights until your death
Avoids probate: Property passes outside the probate process
Low cost: $50-$500 compared to $1,500+ for a trust

Property That Qualifies

California's TOD deed can be used for:

Single-family homes
Condominiums
Multi-family properties (2-4 units)
Agricultural land (40 acres or less with a single-family residence)
Property held as sole owner
Property held as joint tenants
Property held as community property

Property That Does NOT Qualify

Commercial property
Agricultural land over 40 acres
Property held in a trust
Property owned by a business entity

Requirements

Statutory Form

California requires a specific statutory form under Civil Code Section 5642. You cannot use a generic deed form.

Witnessing

The deed must be signed by two witnesses who:

Are present when you sign
Are not named as beneficiaries
Sign the deed themselves

Notarization

The deed must be notarized. The notary's acknowledgment confirms your identity and that you signed voluntarily.

Recording Deadline

The deed must be recorded with the county recorder within 60 days of signing. If not recorded within 60 days, the deed is void.

This is a critical deadline. Miss it, and the deed has no effect.

How to Create a TOD Deed

Step 1: Obtain the Form

Download the statutory form from the California Courts website or obtain it from a title company or attorney.

Step 2: Complete the Form

Fill in:

Your name (transferor)
The property address and legal description
The beneficiary's name and address
Date

Step 3: Sign with Witnesses

Sign the deed in the presence of two witnesses who also sign.

Step 4: Notarize

Have your signature notarized.

Step 5: Record

Record the deed with the county recorder's office where the property is located within 60 days. Recording fees are typically $15-$50.

Revoking a TOD Deed

You can revoke a TOD deed at any time by:

Recording a Revocation

Use the statutory revocation form. Sign, notarize, and record it.

Recording a New TOD Deed

A later TOD deed revokes an earlier one.

Transferring the Property

If you sell or give away the property, the TOD deed is automatically revoked.

Recording a New Document

Any recorded document that transfers the property (deed, trust transfer) revokes the TOD deed.

You do NOT need the beneficiary's consent to revoke.

What Happens at Death

Automatic Transfer

When you die, the property automatically belongs to the beneficiary. No probate, no court filing, no waiting.

What the Beneficiary Does

Obtain a certified death certificate
Record an Affidavit of Death of Transferor (simple form)
The county recorder updates the title

Timeline

The transfer is effective immediately at death. Recording the affidavit to clear title takes 1-2 weeks.

Multiple Owners

Joint Tenants

If property is held in joint tenancy and all joint tenants sign a TOD deed naming the same beneficiary, the beneficiary receives the property when the last joint tenant dies.

If only some joint tenants sign, the TOD deed only affects their interest.

Community Property

Married couples can sign a TOD deed together. Both must sign for it to be effective.

Community Property with Right of Survivorship

If property is held as community property with right of survivorship, the surviving spouse automatically receives the property. A TOD deed would only affect what happens when the surviving spouse dies.

Multiple Beneficiaries

You can name multiple beneficiaries on a TOD deed. Specify how they share (e.g., "50% to John Smith, 50% to Jane Smith").

If one beneficiary dies before you, their share passes to their estate unless you specify otherwise.

Proposition 19 Implications

California Proposition 19 (effective February 2021) affects property taxes on inherited property.

If Beneficiary Uses as Primary Residence

If the beneficiary moves into the home as their primary residence within one year of your death and files a claim with the county assessor:

Up to $1 million of assessed value increase may be excluded
Property tax base may transfer (with limits)

If Beneficiary Does NOT Use as Primary Residence

If the beneficiary does not use the property as their primary residence:

The property is reassessed to current market value
Property taxes may increase significantly

This is a major consideration. A home with a $500/month property tax bill could increase to $3,000/month after reassessment.

Learn more: Proposition 19 and Inherited Property

TOD Deed vs. Living Trust

Feature	TOD Deed	Living Trust
Cost to create	$50-$500	$1,500-$5,000
Covers real estate	Yes	Yes
Covers other assets	No	Yes
Incapacity planning	No	Yes
Multiple properties	One deed per property	One trust covers all
Privacy	Recorded (public)	Private
Complexity	Simple	Complex

When TOD Deed Is Better

You have one property
Other assets pass by beneficiary designation
You want simplicity and low cost
You do not need incapacity planning

When Trust Is Better

Multiple properties
Complex distribution wishes
Incapacity planning needed
Other assets need probate avoidance
Privacy is important

Potential Problems

Creditor Claims

A TOD deed does not protect property from creditors. Creditors can still pursue claims against the property after your death.

Multiple Deeds

If you record multiple TOD deeds, the last one controls. Keep track of what you have recorded.

Beneficiary Dies First

If your beneficiary dies before you, the TOD deed fails (unless you named an alternate). The property goes through probate.

Title Issues

Some title companies are unfamiliar with TOD deeds. The beneficiary may encounter questions when selling or refinancing.

Divorce

If you name your spouse as beneficiary and later divorce, California law automatically revokes the TOD deed as to the ex-spouse.

Frequently Asked Questions

How much does a TOD deed cost in California?

The deed itself costs $50-$500 depending on how you prepare it. Recording fees are $15-$50. Compare to $1,500+ for a living trust.

Can I name multiple beneficiaries?

Yes. Specify the percentage each beneficiary receives.

What happens if the beneficiary dies before me?

The TOD deed fails for that beneficiary's share. Their share would go through probate. You can name alternate beneficiaries to prevent this.

Does the beneficiary have any rights while I am alive?

No. The beneficiary has no rights, ownership, or control until your death. You can sell, mortgage, or revoke at any time.

Can I use a TOD deed if I have a mortgage?

Yes. The mortgage stays with the property. The beneficiary receives the property subject to the mortgage.

Does a TOD deed trigger property tax reassessment?

Not when you create it. Reassessment happens at death, subject to Proposition 19 rules.

Related Guides

Sources:

California Civil Code Sections 5600-5696 (Revocable Transfer on Death Deed)
California Revenue and Taxation Code Section 63.2 (Proposition 19)
California Courts Self-Help Center

Last Updated: January 2026. This guide provides general information about California transfer on death deeds. Property transfers involve legal and tax implications. Consult with a California attorney for advice specific to your situation.