California Transfer on Death Deed: How to Pass Real Estate Without Probate or a Trust

California's Revocable Transfer on Death (TOD) Deed lets you name a beneficiary who inherits your real property automatically at your death — no probate, no trust, no court involvement. It's the simplest probate-avoidance tool for real estate in California, and it's free to create.

How the California TOD Deed Works

You sign and notarize the deed during your lifetime, naming one or more beneficiaries. You record it with the county recorder. Nothing changes while you're alive — you keep full ownership, can sell the property, refinance it, or revoke the deed at any time. When you die, the beneficiary records a certified death certificate and an affidavit, and title transfers automatically.

The deed is governed by California Probate Code Section 5600 et seq. and must use the specific statutory form prescribed by Section 5642. A generic deed with "transfer on death" language won't work — it must be the official California form.

Critical Recording Deadline: 60 Days

The TOD deed must be recorded with the county recorder within 60 days of the date you sign it. Miss this deadline and the deed is void — you'd need to execute and record a new one. This is the rule that catches most people. A notarized deed sitting in a drawer for months is worthless.

The 120-Day Waiting Period After Death

After the owner dies, beneficiaries cannot sell or refinance the property for 120 days. This waiting period under Probate Code Section 5694 allows creditors to file claims against the property. Title insurance companies won't insure a sale during this window.

TOD Deed Requirements

• Eligible property: Real property consisting of one to four residential units, a condominium, or a single-family home including a manufactured home. Commercial property and agricultural land over 40 acres are excluded.
• Owner capacity: You must be of sound mind when signing
• Notarization: Required — the deed must be acknowledged before a notary
• Recording: Must be recorded with the county recorder within 60 days of signing
• California statutory form: Must use the form prescribed by Probate Code Section 5642
• Revocable: You can revoke it at any time by recording a revocation form

TOD Deed vs. Living Trust for Real Estate

Both avoid probate, but they serve different situations.

A TOD deed makes sense when:

• You own a single California residence and want a simple, no-cost solution
• You have one clear beneficiary (or a small number)
• You don't need incapacity protection
• You want to avoid the cost and complexity of creating and funding a trust

A living trust is better when:

• You own property in multiple states (avoiding ancillary probate)
• You want incapacity management (successor trustee steps in immediately)
• You need conditional distributions (minor children, blended family protections)
• You have complex ownership situations

The TOD deed doesn't protect you during lifetime incapacity. If you become unable to manage your affairs, the deed sitting on record does nothing — you'd still need a durable power of attorney or a court conservatorship to manage the property.

Multiple Beneficiaries and Co-Owners

You can name multiple beneficiaries on a single TOD deed. They inherit as tenants in common unless you specify otherwise. If one beneficiary predeceases you and you haven't updated the deed, their share doesn't automatically go to the surviving beneficiaries — it falls into your probate estate.

For property held in joint tenancy, the TOD deed only applies after the last surviving joint tenant dies. The right of survivorship takes precedence during the joint tenants' lifetimes.

Property Tax and Basis Implications

A TOD deed transfer at death is treated the same as an inheritance for property tax purposes. The beneficiary receives a stepped-up cost basis to fair market value at the date of death. However, the transfer may trigger a property tax reassessment under Proposition 19 unless the beneficiary qualifies for the parent-to-child exclusion and files the required claim with the county assessor within one year.

Creditor Claims

Unlike a trust, a TOD deed doesn't provide creditor protection. The property remains liable for your debts after death. Creditors have 120 days after the beneficiary records the death certificate to file claims. If estate debts exceed other assets, the TOD property can be pulled back to satisfy them.

Getting the Forms and Process Right

The California Basic Estate Planning Kit includes the complete TOD deed decision framework — when a TOD deed is sufficient versus when you need a trust, the exact recording process, PCOR filing requirements, and how the deed coordinates with your will, power of attorney, and healthcare directive.

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