Transferring Real Property

Deeds and Affidavits

Deeds and affidavits are used to change, add, or remove names on real estate. Changes to the title (ownership record) of a property must be recorded with the County Recorder where the real estate is located.

Sales, gifts, divorces, trusts

Deeds are used when the current owner agrees to add or change names on the title. Common reasons are the sale of the property, adding family members to the title to avoid probate, one spouse receiving the property in a divorce, or the owners transferring the property into a trust.

Death of property owner or trustee

Affidavits are used when the property is owned by more than one person, or by a trust, and an owner or trustee dies. The remaining owner(s) or the new trustee record an affidavit of death to remove the deceased from the title. If a property owner dies, and no affidavit applies, the property usually must go through probate court to be officially transferred to its new owner(s).

Forms

The Sacramento County Public Law Library has prepared forms for some common situations relating to real property. For other situations, you may need to create your own forms, or obtain forms from the Sacramento County Assessor. Our Legal Research Guides and Step by Steps have instructions and samples for many commonly-used forms.

Form Resources

Sale of real property Deeds and Affidavits Forms may be completed and printed, or filled out by hand.
What form do you need? Use our online questionnaire to decide.

Research Guides

The Law Librarians have created these research guides as an aid for those starting a legal research project. These guides recommend print and electronic resources that will help you find answers to your law-related questions. Many guides provide step-by-step information, as well as sample forms, for common legal procedures.

Pamphlets

The Law Librarians created these pamphlets in response to frequently asked questions on subjects not appropriate for more substantive guides.

Related Websites

These websites provide information about transferring property after death.

Wills, Estates, and Probate From the California Courts Self-Help Center. Information about Probate.
Home What Happens to Someone's Property When They Die? From the San Francisco Superior Court. Information about probate-related procedures.
Transferring Property When Someone Dies From the San Francisco Superior Court. Information about small estates.