Transferring Title to Beneficiaries after a Transfer on Death Deed Takes Effect

1

Obtain a certified death certificate and copy of the TOD deed

Death Certificate Note for Non-Relatives

Only “authorized persons,” usually close relatives, can get a certified death certificate. However, TOD beneficiaries are “authorized persons” under Cal. Probate Code § 5680(a), even if they are not a relative.

You will need copies of the TOD deed in Step 2 and Step 3.

If you do not have a copy of the TOD deed, you can purchase one from the Recorder’s Office. In Sacramento, this costs $1 per page. You can contact the Sacramento office at (916) 874-6334 or visit one of the office locations (see the Sacramento County Clerk/Recorder’s website for addresses and more information).

You will also need a certified death certificate to record along with the Affidavit of Death. If you arranged the burial or cremation, you may receive several of these from the funeral home. Otherwise, you can obtain one from the county recorder’s office 4-6 weeks after the death.

2

Send notice to the legal heirs

You must send a “Notice of Revocable Transfer on Death Deed” to all legal heirs. You must include a copy of the recorded Transfer on Death Deed and of the death certificate. A sample Notice of Revocable Transfer on Death Deed with instructions is available at the end of this guide.

If there is more than one beneficiary, only one must send the notice and sign the Affidavit of Death of Transferor in Step 3.

3

Fill out the Affidavit of Death, including Notice to Heirs (do not sign)

The Affidavit of Death of Transferor should be typed, filled out online and printed, or neatly filled out in in dark blue or black ink. You will need the following information from the TOD deed and death certificate:

• Name of transferor as spelled on TOD deed and as spelled on death certificate.
• The date the TOD deed was signed
• The date it was recorded, and recorder’s instrument (document) number or book/reel and page/image numbers from the upper right of the TOD deed. (In Sacramento, older documents will have book and page numbers; newer documents may just have a document number.)

• The names of all “beneficiaries” (people named in the TOD deed) and their relationship to the transferor, as written on TOD deed.
• The legal description of the property. This must match the TOD deed exactly. Attach the legal description as a separate page labeled as an exhibit if it is too long to fit in the available space.

A sample completed “Affidavit of Death of Transferor” with more detailed instructions is available at the end of this guide.

4

Sign the Affidavit in front of a notary

Sign the Affidavit in front of a notary. The notary will charge a fee for this service. You can find notaries at many banks, mailing services, and title companies.

The beneficiary who served the Notice to Heirs must sign. Other beneficiaries, if any, do not need to.

5

Record the Affidavit at the County Recorders’ office

Record the Affidavit in the county where the property is located, along with the certified copy of the death certificate. The Recorder’s Office charges a recording fee (currently $20/first page plus $3 for additional pages). Current Sacramento fees are available at the County Clerk/Recorder’s website.

6

Optional: Fill out and record a Grant Deed from yourself to yourself

This sounds silly, but when you sell or refinance the property, the buyer or lender will look for a “Grant Deed” to be sure you own the property. Recording one makes the chain of title as clear as possible. See our Completing and Recording Deeds guide for more information.