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: This TOD deed may only be used for real property consisting of one to four residential dwelling units, a condominium unit, or a single-family residence, including a unit in a cooperative (Cal. Prob. Code § 5610).

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 multiple beneficiaries are designated:

☐ Tenants in Common: Beneficiaries take the property as tenants in common in the following shares: [________________________________]
☐ Joint Tenants: Beneficiaries take the property as joint tenants with right of survivorship.

If a beneficiary predeceases the Transferor:
The predeceased beneficiary's interest is void. Unless an alternate beneficiary is designated, the predeceased beneficiary's share reverts to the Transferor's estate (Cal. Prob. Code § 5652).

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 within 60 days of the date of notarization (Cal. Prob. Code § 5624)
☐ This deed must be recorded before the Transferor's death
☐ Record with the County Recorder in the county where the property is located
☐ Failure to record within 60 days invalidates the deed

Upon the Transferor's Death:

The beneficiary must file the following within 120 days of the Transferor's death (Cal. Prob. Code § 5680):
☐ Certified copy of the Transferor's death certificate — filed with the County Recorder
☐ Change in Ownership Statement — filed with the County Assessor
☐ Preliminary Change of Ownership Report (PCOR)
☐ Affidavit of Death of Transferor

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 residential real property of one to four units, a condominium, or a unit in a cooperative (Cal. Prob. Code § 5610). It cannot be used for commercial property, vacant land, or agricultural property.

12. Sources and References

• Cal. Prob. Code § 5600 et seq. — Revocable Transfer on Death Deed
• Cal. Prob. Code § 5610 — Eligible Property Types
• Cal. Prob. Code § 5624 — Execution Requirements (witnesses, notarization, recording)
• Cal. Prob. Code § 5642 — Statutory TOD Deed Form
• Cal. Prob. Code § 5644 — Statutory Revocation Form
• Cal. Prob. Code § 5652 — Effect of Beneficiary Predeceasing Transferor
• Cal. Prob. Code § 5680 — Post-Death Recording Requirements
• 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.