Recording requested by (name):
_____________________________
When recorded mail to
and mail tax statements to _____________________________
_____________________________
_____________________________
_____________________________

AFFIDAVIT – SURVIVING SPOUSE OR DOMESTIC PARTNER
Assessor’s Parcel No. (APN): 
_____________________________	Declaration of Exemption From GC § 27388.1 Fee
 Transfer is exempt from fee per GC § 27388.1(a)(2):
     Transfer is subject to Documentary Transfer Tax    
     Transfer of residential dwelling to owner-occupier
 Transfer is exempt from fee per GC 27388.1(a)(1):
     $225.00 fee cap      Not related to real property	
______________________________________________, of legal age, being first duly sworn, deposes and says: 
1.	That __________________________________________. the decedent mentioned in the attached certified copy of Certificate of Death, is the same person as _________________________________________, named as one of the parties in that certain deed, dated ________________, executed by ______________________________________________________________________________________ to ______________________________________________________________________________________ as community property with right of survivorship, recorded as Instrument No. _____________________ in Book/Reel ________________, Page/Image _________________, of Official Records of  _________________________________ County, California, covering the following described property situated in the City of ______________________________, County of ________________________________, California (insert legal description):  ____________________________________________________________ 
_________________________________________________________________________________________ 
2.	That he/she was married to, or the registered domestic partner of the decedent at the time of his/her death.
3.	That the above-described property has been at all times since acquisition considered the community property of him/her and decedent. 
4.	That more than forty (40) days have passed since the death of the above-named decedent, and no notice has been recorded pursuant to section 13541 of the Probate Code.
5.	That, with respect to the above-described property, there has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 in any probate proceedings in any court of competent jurisdiction.
6.	That the above-described property has not passed to someone other than the affiant under the decedent’s will or by intestate succession. 
7.	That the property has not been disposed of in trust under the decedent’s will. 
8.	That the decedent’s will does not limit the affiant to a qualified ownership.
9.	That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all other parties hereafter dealing with or who may acquire an interest in the above-described property.
Date:	 ________________				__________________________________________ 
								Signature 
						__________________________________________
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