A California Transfer on Death Deed (TODD), also known as a Revocable Transfer on Death Deed or beneficiary deed, is a powerful estate planning tool that allows California property owners to transfer real estate to named beneficiaries automatically upon death - completely avoiding probate court. This specialized deed lets you retain complete ownership and control of your property during your lifetime while designating who will inherit it when you die.
Download comprehensive California Transfer on Death Deed forms: Get Professional TOD Deed Package
California's Transfer on Death Deed law (California Probate Code Sections 5600-5698) became effective January 1, 2016, making California one of approximately 30 states that recognize this efficient property transfer method. Unlike traditional deeds that transfer ownership immediately, a California TODD creates a "beneficiary interest" that only becomes effective upon the property owner's death, providing the best of both worlds: current control and future transfer certainty.
During Your Lifetime:
You (the transferor) retain 100% ownership and control
You can sell, mortgage, lease, or modify the property freely
You can revoke or change the TODD at any time
Beneficiaries have absolutely no current rights or claims
Property remains fully in your name
Upon Your Death:
Property automatically transfers to your named beneficiaries
No probate court proceedings required
No attorney fees for the transfer
Beneficiaries file your death certificate with the county recorder
Beneficiaries receive stepped-up basis for capital gains purposes
Transfer typically takes days instead of months
Complete Control Retained: Unlike traditional life estate deeds or irrevocable transfers, you maintain absolute control. You don't need beneficiary permission to sell, refinance, or make any property decisions.
Fully Revocable: Change your mind? No problem. You can revoke or modify the TODD anytime during your life by recording a revocation or new TODD.
Probate Avoidance: The property passes directly to beneficiaries outside of probate, saving thousands in legal fees and months of court proceedings.
Creditor Protection: The property typically isn't subject to your estate creditors (with some exceptions), and beneficiaries receive it free from most of your debts.
Medicaid Planning Considerations: Unlike some other states' TOD deeds, California TODDs may offer certain Medicaid planning advantages, though this is a complex area requiring professional guidance.
To create a valid transfer on death deed in California, you must comply with specific statutory requirements under California Probate Code Section 5642.
1. Proper Document Format: The deed must meet all California recording requirements:
Margins: At least 1 inch on top, bottom, and left side; ½ inch on right side
Font size: At least 8-point type
Paper size: 8.5" x 11" or 8.5" x 14"
Recording information space: 3" x 3" blank in upper right corner
2. Document Title: Must be titled "Revocable Transfer on Death Deed" or substantially similar language that clearly indicates its nature.
3. Statutory Language Requirements: California law requires specific language including:
Statement that transfer occurs at death
Statement that deed is revocable
Property description
Beneficiary designation
Required warnings and notices
4. Transferor Identification: Clear identification of the current owner(s) with:
Complete legal name(s)
Marital status
Current address
5. Beneficiary Designation: Clear identification of beneficiary(ies) with:
Complete legal name(s)
Address (recommended)
How multiple beneficiaries will take title
6. Complete Legal Description: Accurate legal description of the property from:
Current deed
Preliminary title report
County assessor records
Title insurance policy
7. Property Identification:
Assessor's Parcel Number (APN)
Property street address
8. Required Statutory Warnings: California law mandates specific warnings about:
Creditor claims
Medicaid/Medi-Cal estate recovery
Property tax implications
Revocation requirements
Rights of beneficiaries
9. Execution Requirements:
Signed by transferor before notary public
Properly notarized using California acknowledgment
Dated
10. Recording Requirement: Must be recorded with the county recorder BEFORE the transferor's death. An unrecorded TODD is invalid.
11. Notice to Beneficiaries: Within 60 days of recording, transferor must give notice to beneficiaries or follow alternative statutory notice procedures.
California probate is expensive and time-consuming:
Typical California Probate Costs:
Attorney fees: Statutory fees based on property value
4% of first $100,000
3% of next $100,000
2% of next $800,000
1% of next $9,000,000
0.5% of next $15,000,000
Executor fees: Same statutory schedule (if executor takes fees)
Court filing fees: $465+
Publication costs: $200-400
Appraisal fees: $300-800
Miscellaneous costs: $500-2,000
Example Probate Cost: $500,000 home:
Attorney fees: $13,000
Executor fees: $13,000 (if taken)
Other costs: $2,000+
Total: $28,000+
Time: 12-18 months
With Transfer on Death Deed:
Attorney fees: $0
Court fees: $0
Time: Days to weeks
Recording fee: $15-30
Total savings: $28,000+ and 12+ months
Unlike irrevocable trusts or traditional life estates:
Sell the property and keep all proceeds
Mortgage or refinance without restrictions
Lease to tenants
Make improvements or changes
Live in or use the property freely
Change beneficiaries at any time
Revoke the deed entirely if circumstances change
You maintain 100% ownership with zero input required from beneficiaries.
When properly structured with qualifying family members as beneficiaries, California TOD deeds may qualify for property tax reassessment exclusions under Proposition 19:
Primary Residence Transfer to Children:
Excluded from reassessment IF child uses as primary residence
Within one year of transfer
Up to $1 million of assessed value over current assessment
Potential savings of thousands annually
Important: Proposition 19 (effective February 16, 2021) significantly changed parent-child transfer rules. Consult with a tax professional about your specific situation.
Beneficiaries receive a "stepped-up basis" equal to the property's fair market value at your death:
Example:
Property purchased: 1985 for $150,000
Value at death: $1,200,000
Appreciation: $1,050,000
If transferred during life (gift):
Beneficiary's basis: $150,000 (carryover basis)
If sold for $1,200,000: $1,050,000 taxable gain
Capital gains tax: ~$350,000 (federal + CA)
If transferred at death via TODD:
Beneficiary's basis: $1,200,000 (stepped-up)
If sold for $1,200,000: $0 taxable gain
Tax savings: $350,000
Unlike wills that become public records through probate:
TOD deeds maintain privacy
No public court proceedings
No published notices
Simple transfer process
Minimal paperwork for beneficiaries
Change your mind? Life circumstances change?
Revoke the TODD by recording a revocation
Create a new TODD naming different beneficiaries
Sell the property (automatically revokes TODD)
No one's permission needed
Compared to alternatives:
Living Trust:
Creation cost: $1,500-$3,500+
Ongoing administration required
Must retitle all assets
TOD Deed:
Creation cost: $200-800
No ongoing administration
One-time recording per property
For simple estates with primarily real estate, TOD deeds offer significant cost savings.
When searching for California transfer on death deed forms to download, quality and accuracy are critical. Many websites offer free templates, but using improper forms can result in serious problems.
Risks of Inadequate Forms:
Missing required statutory language
Incorrect warning statements
Non-compliance with California Probate Code requirements
Improper formatting for recording
No guidance on beneficiary notice requirements
Potential invalidity of the entire deed
Recording rejections
Title insurance problems
Unintended tax consequences
Professionally prepared California TOD deed forms provide comprehensive protection:
What's Included:
California-specific TOD deed templates compliant with Probate Code
All required statutory warnings and language
Detailed step-by-step completion instructions
Beneficiary notice templates and guidance
Revocation deed templates
Recording requirements checklist
Sample completed deeds
Property tax consideration explanations
Preliminary Change of Ownership Report (PCOR) guidance
Access to customer support
Updates for law changes
Download comprehensive California Transfer on Death Deed forms: Get Professional TOD Deed Package
Before completing your transfer on death deed form, collect:
Property Information:
Current deed (for exact legal description)
Property tax statement (for APN)
Property address
County location
Preliminary title report (recommended)
Party Information:
Your complete legal name (as shown on current deed)
Your marital status
Your address
Beneficiaries' complete legal names
Beneficiaries' addresses
Beneficiaries' relationship to you (optional but helpful)
Supporting Documents:
Government-issued photo ID
Proof of current ownership
Mortgage information (if applicable)
Upper Left Corner: Include "Recording Requested By" information:
Your name
Your address
"When Recorded Mail To" (same information)
Upper Right Corner: Leave 3" x 3" completely blank for recorder's stamp.
The document must be clearly titled:
"REVOCABLE TRANSFER ON DEATH DEED"
This exact or substantially similar language is required by California law.
Include the complete APN from your property tax bill:
"Assessor's Parcel Number: 123-456-789-000"
State your complete legal name exactly as it appears on your current deed:
Examples:
Single Owner: "I, John Michael Anderson, an unmarried man..."
Married Couple: "We, Robert James Smith and Jennifer Marie Smith, husband and wife..."
Widowed: "I, Mary Elizabeth Johnson, a widow..."
Critical: Your name must match your current deed exactly to maintain chain of title.
California TOD deeds must include statutory recitals:
Statement of current ownership
Legal description reference
Statement that transfer is revocable
Statement of beneficiary designation
Required statutory warnings
Clearly identify who will inherit the property:
Single Beneficiary: "Upon my death, I transfer my interest in the described property to Sarah Ann Martinez, whose address is 456 Oak Street, San Diego, California 92101"
Multiple Beneficiaries (Equal Shares): "Upon my death, I transfer my interest in the described property in equal shares to:
Michael David Brown, whose address is 789 Pine Avenue, Los Angeles, CA 90028
Jennifer Lynn Brown, whose address is 321 Elm Street, Sacramento, CA 95814 as joint tenants with right of survivorship"
Multiple Beneficiaries (Unequal Shares): "Upon my death, I transfer my interest in the described property to:
Christopher Lee (60% interest), address: [address]
Rebecca Ann Lee (40% interest), address: [address] as tenants in common"
Contingent Beneficiaries: California law allows naming alternate beneficiaries:
"If Sarah Ann Martinez does not survive me, then to Michael David Martinez, address: [address]"
If naming multiple beneficiaries, specify ownership type:
Joint Tenants with Right of Survivorship:
Equal shares required
Automatic survivorship (when one dies, others inherit their share)
Property avoids probate even after your death
Tenants in Common:
Shares can be unequal
No automatic survivorship
Each beneficiary's share passes through their estate
Community Property (Married Beneficiaries Only):
Special California tax benefits
Only available to married couples
Right of survivorship if "with right of survivorship" added
Copy the legal description exactly from your current deed:
Example Formats:
Lot and Block: "Lot 15, Block 8, Tract No. 54321, in the City of San Diego, County of San Diego, State of California, as per map recorded in Book 75, Page 42 of Maps, in the office of the County Recorder of said County."
Condominium: "Unit 204, in Oceanview Condominium, as described in the Condominium Plan recorded [date], in Book [number], Page [number] of Official Records, County of Los Angeles, California."
Critical: Even minor errors can invalidate the deed. Copy exactly or attach the legal description as an exhibit.
After the legal description, include:
"The property is located at: 1234 Sunset Boulevard, Los Angeles, California 90028
Assessor's Parcel Number: 5432-123-456"
California Probate Code Section 5642 requires specific warnings. Your deed must include notices about:
Creditor Claims: "THIS DEED DOES NOT AFFECT RIGHTS OF CREDITORS OR THE RIGHTS OF ANY FEDERAL OR STATE TAXING AUTHORITY."
Medicaid Estate Recovery: "DURING MY LIFETIME, I CAN REVOKE THIS DEED. AFTER MY DEATH, THE NAMED BENEFICIARY OR BENEFICIARIES WILL RECEIVE THE PROPERTY WITHOUT PROBATE. THE DEPARTMENT OF HEALTH CARE SERVICES MAY BE REQUIRED TO RECOVER BENEFITS PAID UNDER THE MEDI-CAL PROGRAM FROM PROPERTY TRANSFERRED BY THIS DEED."
Revocation Rights: "I UNDERSTAND THAT I MAY REVOKE THIS DEED AT ANY TIME BY RECORDING A REVOCATION OF TRANSFER ON DEATH DEED FORM."
Tax Implications: "I UNDERSTAND THAT THIS TRANSFER MAY HAVE PROPERTY TAX IMPLICATIONS."
You (the transferor) must sign the deed in the presence of a California notary public:
Execution Requirements:
Appear in person before notary
Present valid government-issued ID
Sign in notary's physical presence
Date your signature
Use blue or black ink
Both spouses must sign if property is held as:
Community property
Community property with right of survivorship
Joint tenants (both owners must sign)
The California notary must complete the proper acknowledgment certificate using the all-purpose acknowledgment form (California Civil Code Section 1189):
Required Elements:
State and county where acknowledgment taken
Date of notarization
Your name
Statement that you personally appeared
Statement of identification verification
Notary's signature and seal
Notary's commission expiration date
Critical Requirement: The TOD deed is NOT valid unless recorded BEFORE your death.
Recording Process:
Take original signed and notarized deed to county recorder
Include Preliminary Change of Ownership Report (PCOR form BOE-502-A)
Pay recording fee ($15-30 typically)
Request certified copy
Keep certified copy in safe place
Recording Location: County recorder's office in the county where the property is located.
Within 60 days after recording, you must either:
Option 1: Personally deliver or mail written notice to each beneficiary, including:
Statement that you signed a TOD deed
Legal description of the property
Copy of the recorded deed
Option 2: Execute an affidavit stating either:
Beneficiaries cannot be located after reasonable diligence, OR
Notice would be detrimental to you
This notice requirement is often overlooked but is important for deed validity.
Revocable Living Trust:
Avoids probate for ALL assets in trust
Provides incapacity planning
Privacy for all assets
Can include detailed distribution instructions
Requires ongoing administration
Must retitle all assets to trust
Creation cost: $1,500-$3,500+
Controls multiple properties and assets
Allows staggered distributions
Professional trustee options
Transfer on Death Deed:
Avoids probate for specific property only
No incapacity planning
Privacy for real estate transfer
Simple: property goes directly to beneficiaries
No ongoing administration needed
One-time recording per property
Creation cost: $200-800
One property per deed
Immediate distribution at death
No professional management
Winner: Depends on circumstances. Living trusts for complex estates with multiple assets, incapacity concerns, or need for controlled distributions. TOD deeds for simple estates focused on real estate transfer.
Joint Tenancy:
Immediate co-ownership created
Both parties control property NOW
Can't be unilaterally revoked
Co-owner's creditors can reach property
Co-owner's divorce can affect property
May trigger gift tax consequences
Property exposed to co-owner's liabilities
Can create family conflict
Loss of sole control
Transfer on Death Deed:
No immediate co-ownership
You retain sole control
Can be revoked anytime
Beneficiaries' creditors can't reach property during your life
Beneficiaries' personal issues don't affect property
No immediate gift tax consequences
Property protected during your life
Maintains family harmony
Complete control retained
Winner: TOD deed provides superior control and protection compared to joint tenancy.
Last Will and Testament:
Addresses all assets
Names guardians for minor children
Designates executor
Can include complex provisions
REQUIRES probate
Public record through probate
Time: 12-18+ months
Cost: Statutory attorney fees + court costs
Subject to will contests
Creditor claims period
Transfer on Death Deed:
Addresses only specific real property
No guardian designation
No executor needed
Simple: property goes to named beneficiaries
NO probate required
Maintains privacy
Time: Days to weeks
Cost: Minimal recording fees
Difficult to contest (strict standing requirements)
Limited creditor exposure
Winner: TOD deed for real estate transfer efficiency. Will still needed for other assets, guardianship, and backup provisions.
Quitclaim Deed:
Immediate transfer of ownership
Grantor loses all control
Cannot be reversed without grantee cooperation
Triggers immediate gift tax reporting (if gift)
Grantee receives carryover basis (no step-up)
Creates immediate Medi-Cal transfer penalty
Property immediately exposed to grantee's creditors
Grantee's divorce can affect property
Immediate property tax reassessment possible
Transfer on Death Deed:
Transfer at death only
Grantor retains complete control
Can be revoked anytime unilaterally
No immediate gift tax consequences
Beneficiary receives stepped-up basis
May avoid Medi-Cal estate recovery issues
Property protected from beneficiary creditors until death
Beneficiary's personal issues irrelevant during grantor's life
Property tax reassessment only at death (with possible exclusions)
Winner: TOD deed provides dramatically better protection and flexibility for estate planning purposes.
Need a simple immediate transfer instead? Consider California quitclaim deeds for situations requiring immediate ownership change: California Quitclaim Deed Forms
California's Proposition 13 (1978) caps annual property tax increases at 2% or inflation (whichever is less). However, property transfers typically trigger reassessment to current market value.
Reassessment Impact Example:
Current assessed value: $200,000 (annual tax: $2,500)
Current market value: $900,000 (annual tax: $11,250)
Annual increase after reassessment: $8,750
10-year cost: $87,500+
Proposition 19 dramatically changed parent-child transfer rules:
OLD RULES (Before Feb 16, 2021):
Could transfer primary residence to children without reassessment (unlimited value)
Could transfer $1 million of other real property without reassessment
NEW RULES (After Feb 16, 2021):
Primary Residence Transfers to Children:
Excluded from reassessment ONLY IF:
Child uses property as their primary residence
Child occupies within one year of transfer
Assessed value difference doesn't exceed $1 million
Example:
Parent's assessed value: $300,000
Current market value: $1,200,000
Difference: $900,000
If child occupies as primary residence:
Assessed value: $300,000 (no reassessment)
Exclusion applies (difference under $1 million)
Annual tax savings: $9,000+
If child doesn't occupy or uses as rental/vacation:
Assessed value: $1,200,000 (full reassessment)
No exclusion
Annual taxes increase $9,000+
Other Property (Rental, Vacation, Commercial):
NO EXCLUSION AVAILABLE
Always reassessed to full market value
Significant tax increases
Strategy 1: Primary Residence to Occupying Child If you're confident your child will occupy the home as their primary residence, a TOD deed combined with Proposition 19 exclusion can provide:
Probate avoidance
Property tax savings
Stepped-up basis
Simple transfer
Strategy 2: Retain Property Until Death For vacation homes, rentals, or investment property:
TOD deed still avoids probate
Beneficiaries get stepped-up basis (huge capital gains savings)
Property tax will increase, but beneficiaries get basis step-up benefit
May still be best overall strategy despite reassessment
Strategy 3: Consider Living Trust for Complex Situations If property tax planning is critical and situation is complex:
Trust may offer more flexible distribution options
Can include provisions for property tax planning
Allows for delayed distributions or life estates
Consider professional estate planning counsel
If your TOD deed transfer qualifies for Proposition 19 exclusion, beneficiaries must:
File Claim Form:
BOE-19-P (Parent-Child Exclusion)
Within 3 years of transfer (parent's death)
With county assessor
Include supporting documentation
Required Documentation:
Proof of parent-child relationship
Proof of primary residence use
Occupancy verification
Property value documentation
Critical: Missing the 3-year deadline means permanent loss of exclusion and thousands in extra taxes forever.
California's Medi-Cal program (California's version of Medicaid) provides health coverage for low-income individuals, including long-term care. After a Medi-Cal recipient's death, the state seeks reimbursement for benefits paid.
Estate Recovery Targets:
Property that goes through probate
Property held in certain trusts
Joint tenancy interests (in some cases)
Assets in the "estate" for recovery purposes
The interaction between TOD deeds and Medi-Cal estate recovery is complex:
Potential Advantages:
Property transferred via TOD deed doesn't go through probate
May not be considered part of "estate" for recovery purposes
Some legal arguments that TOD property is protected
Important Cautions:
California Department of Health Care Services (DHCS) position is evolving
DHCS may attempt recovery from TOD-transferred property
Legal uncertainty in this area
Case law is still developing
Critical: If Medi-Cal planning is a concern, consult with an experienced California elder law attorney before using TOD deeds. This is NOT a DIY situation for Medi-Cal recipients or those who may need long-term care Medi-Cal coverage.
For situations involving potential Medi-Cal needs:
Irrevocable trusts may offer better protection
Revocable trusts provide more clarity
Professional Medi-Cal planning attorney essential
Don't rely solely on TOD deeds for asset protection
One of the greatest advantages of California TOD deeds is complete revocability during your lifetime. You can change your mind at any time for any reason.
Common Reasons to Revoke:
Changed relationship with beneficiaries
Need to sell property
Want to add or remove beneficiaries
Marriage, divorce, or other life changes
Financial circumstances changed
Better estate planning strategy identified
Beneficiary predeceased you
Move property into living trust instead
California law provides multiple ways to revoke a TOD deed:
Method 1: Record a Revocation of Transfer on Death Deed
Execute and record a formal revocation document that:
Clearly states intent to revoke
References the original TOD deed (recording date, book/page or document number)
Includes property legal description
Is signed and notarized
Is recorded in same county as original deed
Method 2: Execute a New Inconsistent TOD Deed
Record a new TOD deed naming different beneficiaries. The new deed automatically revokes any prior inconsistent TOD deed for the same property.
Method 3: Transfer the Property
Any transfer that conveys your entire interest revokes the TOD deed:
Sell the property
Gift the property via quitclaim deed
Transfer to living trust
Any deed conveying fee simple ownership
Method 4: Termination by Court Order
A court can order termination of a TOD deed in divorce proceedings or other legal actions.
Ineffective revocation methods:
Destroying the deed (doesn't affect recorded copy)
Writing "VOID" on your copy
Telling beneficiaries you changed your mind
Provisions in your will attempting to revoke
Oral revocation
Unrecorded revocation documents
Critical: Revocation is NOT effective unless recorded before your death.
To change beneficiaries:
Recommended Process:
Record formal revocation of original TOD deed
Execute and record new TOD deed with different beneficiaries
Provide notice to new beneficiaries within 60 days
Alternative Process:
Execute and record new TOD deed (implicitly revokes prior inconsistent deed)
Reference prior deed and state that it is revoked
Provide notice to new beneficiaries
Best Practice: Use formal revocation plus new deed to eliminate any ambiguity or potential title problems.
When the transferor dies, beneficiaries must take specific steps to claim ownership:
Get multiple certified copies (not photocopies):
From funeral home
County clerk's office
California Department of Public Health
Quantity needed:
At least 10-15 certified copies
One for county recorder
One for each lender, insurance company, etc.
Keep extras for various agencies
While not always required, many title companies request an affidavit stating:
Transferor's name
Date of death
That transfer on death deed was in effect at death
Beneficiary information
File with the county recorder where property is located:
Certified death certificate
Affidavit of death (if used)
Recording fee: $15-30 typically
This establishes beneficiary's ownership in public records.
Within 90 days of death, file PCOR (BOE-502-A) with county assessor:
Provides transfer information
Required by California law
Failure to file: $100 penalty
Claim any applicable property tax exclusions
If claiming Proposition 19 parent-child exclusion:
File BOE-19-P form
Within 3 years of death
With county assessor
Include all required documentation
Prove primary residence use (if applicable)
Notify relevant parties:
Property tax assessor (already done via PCOR)
Homeowners insurance company
Utility companies
Homeowners association (if applicable)
Mortgage company (if property has loan)
If property has mortgage:
Loan remains on property
Beneficiaries can assume payments
Or refinance in beneficiaries' names
Or sell property and pay off loan
Contact lender about options
If beneficiaries plan to sell:
Work with title company
Obtain title report
Clear any title issues
Purchase owner's title insurance
The key advantage: beneficiaries take ownership immediately without:
Probate court proceedings
Letters of administration
Attorney representation (usually)
Court approval
Bond posting
Waiting periods (6+ months)
Publication of notices
Creditor claim periods
Executor appointment
Inventory and appraisal requirements
Time Savings: Days to weeks instead of 12-18+ months
Cost Savings: Minimal fees instead of $15,000-$50,000+ in probate costs
An unrecorded TOD deed is completely invalid. The deed MUST be recorded before the transferor's death.
Result of not recording:
Deed has no legal effect
Property goes through probate
Named beneficiaries have no claim
Will controls (or intestacy laws if no will)
Solution: Record immediately after execution. Don't wait.
California law requires notice to beneficiaries within 60 days of recording.
Consequences of not providing notice:
Potential deed invalidity challenges
Beneficiary claims they didn't know about deed
Complicated title issues
Potential litigation
Solution: Send notice via certified mail, return receipt requested. Keep proof of mailing.
TOD deeds can conflict with other estate planning documents:
Common conflicts:
Will leaves property to different person than TOD deed names
Trust document claims to include the property
Multiple TOD deeds on same property with different beneficiaries
Power of attorney attempts to revoke TOD deed
Family expectations don't match TOD deed terms
Solution: Coordinate all estate planning documents. Review entire estate plan when creating TOD deed. Consider working with estate planning attorney for complex situations.
TOD deeds work best for sole owners or married couples. Using TOD deeds with other co-ownership structures creates complications:
Tenants in Common (Non-Spouses):
Each owner must execute separate TOD deed for their interest
Different beneficiaries may be named
Creates potential co-ownership disputes after death
May defeat purpose of simple transfer
Example Problem:
Two siblings own property 50/50 as tenants in common
Brother names his children as TOD beneficiaries
Sister names her spouse as TOD beneficiary
After both die, children and spouse become co-owners
May not want to co-own; forced to sell or buy out
Solution: Consider whether TOD deed is appropriate for co-owned property. May be better to use living trust or other planning tool.
Even minor errors in the legal description can:
Invalidate the deed
Transfer wrong property
Create title gaps
Cause recording rejection
Create costly corrections
Solution: Copy legal description exactly from current deed. If uncertain, obtain from title company or hire attorney.
Many California property owners don't realize how Proposition 19 changed parent-child transfers:
Common Misconceptions:
"I can transfer my rental property to kids without reassessment" (FALSE - only primary residence qualifies, and only if child occupies)
"There's no limit on excluded value" (FALSE - $1 million cap over current assessed value)
"My vacation home qualifies" (FALSE - must be primary residence and child must occupy)
Result: Unexpected property tax increases of thousands per year.
Solution: Understand Proposition 19 before creating TOD deed. Run the numbers. Consider whether benefits still outweigh tax consequences.
Naming minor children (under 18) as TOD beneficiaries creates problems:
Issues:
Minors can't legally take title to real property
Court-supervised guardianship required
Conservatorship of the estate may be needed
Defeats purpose of avoiding probate
Expensive court proceedings
Property can't be managed efficiently
Solution: Either:
Create trust for minors and name trust as beneficiary
Name adult as custodian under California Uniform Transfers to Minors Act
Use living trust instead of TOD deed
Wait to execute TOD deed until children are adults
TOD deeds don't remove mortgage obligations:
What happens:
Property transfers to beneficiaries subject to mortgage
Loan remains on property
Monthly payments still due
Beneficiaries must pay or face foreclosure
Due-on-Sale Clause Concerns:
Most mortgages have due-on-sale clauses
Federal law (Garn-St. Germain Act) exempts transfers to certain family members
But beneficiaries should still contact lender
May need to refinance or formally assume loan
Solution: Discuss mortgage situation with beneficiaries in advance. Consider whether they can afford payments. Possibly pay off mortgage before death or maintain life insurance to cover it.
Life changes but TOD deed stays the same:
Common scenarios:
Beneficiary dies before you (property goes to their estate, not to survivors)
Divorce (ex-spouse may still be beneficiary)
New marriage (new spouse not included)
Birth of children or grandchildren
Relationship deterioration with beneficiary
Financial situations change
Solution: Review TOD deed every 3-5 years and after major life events. Revoke and create new deed as needed.
TOD deeds only address one property. They don't:
Designate guardians for minor children
Plan for incapacity
Address bank accounts, investments, personal property
Provide for property management
Include instructions for care or distribution
Name executor or personal representative
Address digital assets
Plan for tax minimization
Solution: TOD deed should be part of comprehensive estate plan, not the entire plan. Still need will, powers of attorney, healthcare directives, and possibly trust.
Before recording your California TOD deed, verify:
Document Preparation:
[ ] California-specific TOD deed form used
[ ] Proper formatting (margins, font, spacing)
[ ] 3" x 3" blank space in upper right corner
[ ] Recording requested by information completed
[ ] Return address provided
[ ] Document titled "REVOCABLE TRANSFER ON DEATH DEED"
[ ] Your name exactly matches current deed
[ ] Your address included
[ ] Beneficiary name(s) complete and correct
[ ] Beneficiary addresses included
[ ] Ownership type specified for multiple beneficiaries
[ ] Legal description copied exactly
[ ] Property address included
[ ] APN (Assessor's Parcel Number) included
[ ] All required statutory warnings included
[ ] All required statutory language included
Execution:
[ ] Signed in presence of California notary
[ ] Valid government ID presented to notary
[ ] Spouse signed if required (community property, joint tenancy)
[ ] Notary completed proper California acknowledgment
[ ] Notary seal affixed clearly
[ ] Notary commission current
Recording Preparation:
[ ] Original signed and notarized deed
[ ] Preliminary Change of Ownership Report (PCOR) completed
[ ] Recording fees calculated
[ ] Payment method ready (check/cash/card)
[ ] Return address for certified copy
[ ] Contact information for recorder questions
Post-Recording:
[ ] Certified copy obtained
[ ] Copy stored in safe location
[ ] Beneficiary notice prepared
[ ] Notice sent to beneficiaries within 60 days
[ ] Proof of mailing retained
[ ] Copy provided to estate planning attorney
[ ] Copy with estate planning documents
[ ] Coordinated with will and other documents
[ ] Reviewed by attorney if complex situation
Perfect for:
✅ Single property owners wanting simple probate avoidance
✅ Married couples with primary residence
✅ People with clear, undisputed beneficiary choices
✅ Property owners with modest estates (under federal estate tax exemption)
✅ Those wanting to retain complete control during life
✅ People who want flexibility to change beneficiaries
✅ Property owners who can't afford trust creation costs
✅ Those with harmonious family relationships
✅ People wanting stepped-up basis benefits for heirs
✅ Property owners focused primarily on real estate planning
Consider alternatives if:
❌ You own multiple properties (may want comprehensive trust)
❌ Beneficiaries are minors
❌ You need incapacity planning
❌ Complex family dynamics or potential disputes
❌ You want to control distribution timing
❌ Property has significant mortgage (beneficiaries can't afford)
❌ You're receiving Medi-Cal and concerned about estate recovery
❌ You want professional property management after death
❌ Estate exceeds federal estate tax exemption
❌ You have complex tax planning needs
❌ You want to attach conditions to inheritance
Yes, you can create a TOD deed even with an existing mortgage. The mortgage remains on the property and beneficiaries take ownership subject to the loan. They'll need to continue making payments, refinance, or sell the property to pay off the mortgage.
Important: The due-on-sale clause in most mortgages may be triggered, but federal law exempts certain family transfers. Beneficiaries should contact the lender after your death.
No. Beneficiaries have zero rights to the property during your lifetime. You maintain complete ownership and control, including the absolute right to:
Sell the property
Mortgage or refinance
Lease to tenants
Make all decisions
Revoke the deed entirely
Change beneficiaries
Beneficiaries cannot force you to maintain the property or prevent you from any action regarding it.
This depends on how your deed is structured:
If you named only one beneficiary who predeceases you:
The TOD deed becomes ineffective
Property passes according to your will (or intestacy if no will)
You should revoke the deed and create a new one
If you named multiple beneficiaries as joint tenants:
Surviving beneficiaries inherit the deceased beneficiary's share
Property still avoids probate
If you named contingent/alternate beneficiaries:
Property passes to alternate beneficiaries
Follows the succession you specified
Best practice: Review and update TOD deed after any beneficiary's death.
Yes, you can name your revocable living trust as the beneficiary of a TOD deed. This allows:
Property to transfer into trust at your death
Trust terms to govern distribution
More complex distribution instructions
Professional trustee management
Format: "The Smith Family Revocable Living Trust dated January 15, 2025, John Smith and Mary Smith, Trustees"
Question: If you're using a trust anyway, why not just transfer the property into the trust during life? Often simpler to avoid both TOD deed and having property outside trust.
During Your Life:
No effect on property taxes
You continue to receive any exemptions (homeowner's, senior, disabled veteran, etc.)
Annual 2% cap continues
After Your Death:
Property transferred to beneficiaries triggers reassessment review
May qualify for Proposition 19 exclusion (primary residence to occupying child)
Most transfers result in reassessment to current market value
Significant tax increases possible
Critical: Run the numbers before creating TOD deed if property tax savings is a concern.
Yes, TOD deeds can be used for any California real estate:
Primary residences
Rental properties
Vacation homes
Vacant land
Commercial property
Property Tax Warning: Under Proposition 19, only primary residence transfers to children who occupy as primary residence qualify for reassessment exclusion. Rental and vacation properties will be reassessed to full market value.
California Inheritance Tax: None. California has no inheritance tax or estate tax (except estates of decedents who died before Oct 1, 2019 with federal estate tax liability).
Federal Estate Tax: Only if your total estate exceeds federal exemption ($13.61 million in 2024, $13.99 million in 2025). Most people don't pay federal estate tax.
Capital Gains Tax: Beneficiaries receive stepped-up basis, so if they sell soon after inheriting, usually little to no capital gains tax.
Property Tax: May increase due to reassessment (see Proposition 19 discussion above).
Your Creditors: Generally have limited ability to reach property transferred via TOD deed:
Property doesn't go through probate
Not subject to normal creditor claims process
Some creditors may still file claims against the property
Secured debts (mortgages, liens) remain on property
Medi-Cal Estate Recovery: California Department of Health Care Services may pursue recovery for Medi-Cal benefits paid. This is a complex, evolving area - consult elder law attorney if concerned.
Beneficiaries' Creditors: Generally cannot reach property until beneficiary actually receives it at your death.
California law doesn't require attorney involvement for TOD deeds. Many property owners successfully use professionally prepared forms for straightforward transfers.
Attorney recommended for:
Complex family situations
Multiple properties
Significant value estates
Medi-Cal planning concerns
Tax planning needs
Special needs beneficiaries
Business or commercial property
Unclear title issues
DIY appropriate for:
Simple family transfers
Single property
Clear beneficiary choices
Harmonious relationships
Straightforward situations
Get professionally prepared California TOD deed forms with detailed instructions: Download TOD Deed Package
California recognizes Transfer on Death Deeds (TOD deeds).
California does NOT recognize enhanced life estate deeds (ladybird deeds). Ladybird deeds are only valid in Florida, Texas, Vermont, West Virginia, and Michigan.
If you're in California and see references to ladybird deeds, the equivalent tool is the Transfer on Death Deed.
TOD deeds can be challenged, but it's more difficult than contesting a will:
Grounds for Contest:
Lack of capacity when deed was executed
Undue influence or fraud
Improper execution (not properly signed, notarized, recorded)
Revocation before death
Deed doesn't comply with statutory requirements
Standing to Contest: Very limited. Only parties with a legal interest can challenge:
Someone who would inherit if TOD deed is invalid
Creditors in some circumstances
Timing: California Probate Code Section 5678 provides 120-day statute of limitations in some circumstances.
Result: TOD deeds are generally more secure from challenges than wills.
DIY with Professional Forms: $200-$400
Form cost: $150-$300
Recording fee: $15-$30
Notary fee: $15 (or free at bank)
PCOR form: Free
Attorney Preparation: $500-$1,500+
Simple situations: $500-$800
Complex situations: $1,000-$1,500+
Multiple properties: Additional fees per property
Compared to probate costs for $500,000 property:
Attorney statutory fees: $13,000
Executor fees: $13,000 (if taken)
Court and other costs: $2,000+
Total probate costs: $28,000+
Savings with TOD deed: $27,000+
When you invest in quality California transfer on death deed forms, you should receive:
Core Documents:
California TOD deed form (compliant with Probate Code §5600-5698)
All required statutory warnings and language
Revocation of TOD deed template
Affidavit of death template
Notice to beneficiaries template
Comprehensive Instructions:
Step-by-step completion guide
Legal description instructions
Beneficiary designation guidance
Execution and notarization requirements
Recording procedures for all 58 California counties
Beneficiary notice requirements
Educational Materials:
Benefits and limitations explained
Proposition 19 implications
Medi-Cal estate recovery considerations
Comparison with other estate planning tools
Property tax consequences
Frequently asked questions
Sample Documents:
Completed example TOD deeds
Various beneficiary structures illustrated
Different ownership situations
Sample notices to beneficiaries
Support Resources:
County recorder directory
PCOR form guidance
Contact information for questions
Updates when laws change
Download everything you need: California Transfer on Death Deed Complete Package
Ready to create your California transfer on death deed? Follow this comprehensive action plan:
[ ] Locate current property deed
[ ] Obtain property tax statement
[ ] Confirm exact legal description
[ ] List all intended beneficiaries with complete legal names
[ ] Decide how multiple beneficiaries will hold title
[ ] Gather government-issued identification
[ ] Review existing estate planning documents
[ ] Check for any existing TOD deeds on the property
[ ] Review Proposition 19 implications
[ ] Calculate potential property tax impact
[ ] Consider whether beneficiaries will occupy as primary residence
[ ] Evaluate capital gains tax implications
[ ] Consider Medi-Cal estate recovery concerns (if applicable)
[ ] Review mortgage situation
[ ] Confirm beneficiaries can handle property financially
[ ] Determine if TOD deed is best option vs. trust or other tools
[ ] Download or obtain California TOD deed forms
[ ] Review all instructions thoroughly
[ ] Complete TOD deed form carefully
[ ] Verify all information is accurate
[ ] Double-check legal description
[ ] Ensure all required statutory language included
[ ] Prepare PCOR form (BOE-502-A)
[ ] Prepare beneficiary notice
[ ] Schedule notary appointment
[ ] Bring valid government-issued ID
[ ] Bring completed TOD deed
[ ] Sign in notary's presence
[ ] Verify notary completes California acknowledgment properly
[ ] Confirm notary seal is affixed clearly
[ ] Make copies before recording
[ ] Determine correct county for recording
[ ] Calculate recording fees
[ ] Prepare payment
[ ] Include return address
[ ] Request certified copy
[ ] Submit PCOR form with deed
[ ] File in person or by mail
[ ] Confirm receipt of recorded deed
[ ] Obtain certified copy
[ ] Prepare notice to beneficiaries
[ ] Send notice via certified mail (or alternative method)
[ ] Keep proof of mailing/delivery
[ ] Store certified copy in safe location
[ ] Provide copy to beneficiaries
[ ] File with estate planning documents
[ ] Inform executor/personal representative
[ ] Update property insurance if needed
[ ] Coordinate with overall estate plan
[ ] Review TOD deed every 3-5 years
[ ] Update after major life events (marriage, divorce, births, deaths)
[ ] Revoke if circumstances change
[ ] Keep beneficiaries informed
[ ] Maintain clear records
[ ] Update if laws change
Situation: Margaret, 76, widow, owns a $700,000 home in San Diego County (assessed value: $280,000). She has two adult daughters who get along well. She wants them to inherit the home but worried about probate costs and delays.
Solution: Margaret creates a California TOD deed naming both daughters as joint tenants with right of survivorship.
Benefits:
No probate ($20,000+ in attorney fees avoided)
Daughters inherit in days, not months
Margaret retains complete control (can sell if she needs funds for care)
Daughters receive stepped-up basis ($700,000) for capital gains purposes
Can revoke if circumstances change
Proposition 19 Analysis:
If daughters occupy as primary residence: Assessed value stays at $280,000
If daughters don't occupy: Reassessment to $700,000
Annual tax difference: ~$5,000
Outcome: Margaret keeps complete control, daughters avoid probate, family saves thousands.
Situation: Robert, 68, remarried. Has children from first marriage. Owns $900,000 home in Orange County. Wants current wife to have security but ultimately wants children to inherit.
Problem with TOD Deed:
Can only name one set of beneficiaries
Either wife OR children, not sequential
Better Solution: Robert uses revocable living trust instead:
Trust provides life estate for wife
Children inherit after wife's death
Provides flexibility and controls
More appropriate for complex family situation
Lesson: TOD deeds work for simple situations. Complex family dynamics may require trust planning.
Situation: The Johnsons own a $1.2 million rental property in Los Angeles (assessed value: $350,000). They want their son to inherit it.
TOD Deed Analysis:
Avoids probate: ✓ (saves $25,000+)
Son receives stepped-up basis: ✓ (saves ~$200,000 in future capital gains)
Property tax reassessment: ✗ (annual taxes increase from $4,375 to $15,000)
Annual tax increase: $10,625 10-year cost: $106,250
BUT: Stepped-up basis saves ~$200,000 in capital gains when son eventually sells.
Decision: Net benefit still positive. TOD deed makes sense despite property tax increase.
Situation: Dorothy, 83, receives Medi-Cal for long-term care costs. Owns $600,000 home. Wants to protect it from estate recovery.
Concern: California Department of Health Care Services seeks reimbursement after death for Medi-Cal benefits paid.
TOD Deed Analysis:
May avoid estate recovery (property doesn't go through probate)
Legal uncertainty in this area
DHCS position evolving
Better Solution:
Consult experienced elder law attorney
Consider irrevocable trust (if permitted under circumstances)
Evaluate all options before deciding
Don't rely solely on TOD deed for Medi-Cal planning
Lesson: TOD deeds in Medi-Cal situations require professional guidance. Not a DIY situation.
Situation: Jessica, 35, single, just bought her first home in Sacramento for $450,000. Wants her sister to inherit if something happens to her.
Solution: Creates California TOD deed naming sister as beneficiary.
Benefits:
Simple, inexpensive estate planning
Sister avoids probate
Jessica can revoke if she gets married or has children
Complete flexibility as life circumstances change
Stepped-up basis benefits
Costs under $300
Alternative Considered: Living trust would be overkill for Jessica's simple situation. TOD deed is perfect simple solution now. Can always create trust later if estate becomes more complex.
While many California residents successfully use TOD deed forms for straightforward situations, certain circumstances warrant professional legal guidance:
Complex Family Dynamics:
Blended families with children from multiple marriages
Estranged family members or potential disputes
Special needs beneficiaries
Minor children as intended beneficiaries
Concerns about family contests
Significant Assets or Tax Planning:
High-value properties (multi-million dollar)
Multiple real estate holdings
Estate approaching federal estate tax exemption
Sophisticated tax planning needs
Business or commercial property
Medi-Cal and Government Benefits:
Current Medi-Cal recipient
Anticipated long-term care needs
Asset protection concerns
Estate recovery worries
Title or Legal Issues:
Unclear ownership
Potential liens or disputes
Previous deed errors
Complicated ownership structures
Many California property owners successfully use professionally prepared forms for:
Straightforward Situations:
Single property, simple transfer
Clear beneficiary designation
Harmonious family relationships
Primary residence planning
Modest estates
No complex tax issues
No Medi-Cal concerns
Get professionally prepared California TOD deed forms with comprehensive instructions: Download Complete Package
California Transfer on Death Deeds represent one of the most powerful, flexible, and cost-effective estate planning tools available to California property owners. By combining probate avoidance, complete control retention, capital gains tax benefits, and relative simplicity, TOD deeds provide comprehensive protection for your primary residence and other real estate.
Key Benefits Recap:
✓ Avoid Probate - Save $15,000-$50,000+ in costs and 12-18 months of time ✓ Retain Complete Control - Sell, mortgage, or revoke at any time ✓ Stepped-Up Basis - Beneficiaries save thousands in capital gains taxes ✓ Flexibility - Fully revocable during your lifetime ✓ Privacy - No public probate proceedings ✓ Simplicity - One document protects your real estate ✓ Cost-Effective - Fraction of the cost of living trust
Take Action Today:
Don't wait until it's too late. Incapacity or death can occur unexpectedly, leaving your family facing expensive probate proceedings and potential loss of benefits.
Get Started Now:
📄 Download Professional California Transfer on Death Deed Forms: Complete Package with Instructions
📋 Need Simple Property Transfers? California Quitclaim Deed Forms
Protect Your Property. Preserve Your Control. Provide for Your Family.
California Transfer on Death Deeds give you the power to accomplish all three goals with a single document. Whether you're planning for the future, concerned about probate costs, or want to ensure stepped-up basis benefits for your family, TOD deeds provide an elegant solution.
Don't leave your family's inheritance to chance. Take control of your estate planning today with California transfer on death deed forms designed by professionals who understand California law and your family's needs.
This article provides general information about California Transfer on Death Deeds and should not be considered legal advice. Estate planning, property transfers, and tax matters involve complex legal implications that vary based on individual circumstances. California estate planning laws, including Proposition 19 and Medi-Cal estate recovery rules, are complex and subject to change. Consult with qualified California attorneys, tax professionals, and financial advisors to discuss your specific situation and needs before executing any estate planning documents.