Create your affidavit of surviving spouse

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This is the end of the form.

This form is set up for a spouse or domestic partner who holds title on the current deed as "community property with right of survivorship" or "community property W.R.O.S." Some deeds may say "husband and wife [or domestic partners] with right of survivorship."

You will need to use a different process if

• the deed simply says your names, "community property," "husband or wife," or "domestic partners,"
• the deed says "joint tenants," or
• if the deed is only in your spouse or partner's name.

If so, consult a lawyer or visit a law library to research the correct process for you.

This form will not work for you.

• If your deed states "joint tenants," you may use a similar Affidavit of Death of Joint Tenants.
• If your deed states "community property," "husband and wife," "domestic partners," or just your names, you may want to use Spousal or Domestic Partner Property Petition (DE-221).

Depending on your specific situation, you may benefit from a full probate case, and you can use that if you prefer. Please consult a lawyer to determine the best process for your specific situation. This is the end of the form.

You need the following documents:

1. Copy of the most current deed
   • If you do not have a copy of the current deed, you should obtain one from the County Recorder’s office before you fill out this form.
2. Certified copy of Death Certificate
   • You must attach this to the Affidavit before recording. You should have one from the funeral director, or you can purchase one from the Recorder's Office where the former trustee died.

This is asking about the deed which you and your spouse or partner are listed as owners.

Information about the real estate itself.

State law adds a $75 fee to this type of document. The fee raises money for affordable housing programs. There are a few exemptions from this fee. In many cases, no exemption will apply to your transaction, but if one does, select it here. For example, if you have been living at the property before the death, you may be considered an "owner occupier."