Transfer on Death Deed · California
Leave Your Home
to Family, Not Probate
Most California homeowners who want their house to pass straight to their children — without a court, and without a $1,500-plus living trust — don’t realize that one missing witness or a missed recording window can void the whole document and send the home into probate. TruPoint Legal prepares your deed with the exact language the law requires and records it correctly the first time — flat $275, in all 58 California counties.
About Quinnie Do
Registered Legal Document Assistant · LDA #268 · Santa Clara County
Quinnie Do founded TruPoint Legal LLC and holds four California professional licenses: Legal Document Assistant, Notary Public, IRS Tax Preparer, and Real Estate Agent. A native Vietnamese speaker, she leads a trilingual team serving English, Vietnamese, and Spanish-speaking clients across all 58 California counties.
On this document: Quinnie prepares the California statutory deed with the required witness and notarization language, then records it with the county recorder so it takes effect during the owner’s lifetime.
The short answer
How a transfer on death deed avoids probate in California
Most California homeowners who want to leave a house to their children hit the same wall: a will still goes through probate, and a full living trust costs $1,500 or more to set up. As of 2026, California probate on a home typically runs 9 to 18 months and costs a family thousands in statutory and court fees, while estate-planning attorneys charge $1,500 to $3,000 for a living trust. A revocable TOD deed is the simpler probate-avoidance option for a primary home, and TruPoint Legal prepares it as a Santa Clara County–registered Legal Document Assistant (LDA #268). We draft the California statutory document with the required notarization and two-witness language, the correct property description, and your named beneficiaries — flat $275. Prepared to record correctly the first time and filed in all 58 California counties, by Quinnie Do, LDA #268 (verify ↗).
Who this is for
Is this deed right for you?
Recognize your situation below. We prepare it for whichever path fits — you decide which one that is.
Homeowners and seniors
If your home is your main asset and you want it to pass straight to the people you choose, this document names them now and keeps your full control until death.
Adult children and heirs
If a parent wants you to inherit the family home without a court, this deed lets the property reach you after their death without a probate case.
Families with one main asset
If a single home is the estate and a full trust feels like more than you need, this is the lower-cost way to keep that home out of probate.
Estate-planning attorneys
If you draft the plan and need the recordable deed prepared and filed, we handle preparation and recording at a flat fee and return the recorded copy for your file.
Realtors and past-client referrals
If a past client asks how to leave their home to family without a sale or escrow, this is a clean, non-sale referral we can prepare and record statewide.
Why precise preparation matters
A small mistake sends the home back to probate
This deed only works if it is executed and recorded exactly as the law requires. When it is not, it can be ineffective and the property lands in the process it was meant to avoid — 9 to 18 months of probate and thousands in fees.
Missing or wrong witnesses
California’s 2022 update requires it to be notarized and signed by two adult witnesses who are not the beneficiaries. Skip a witness and the document can fail.
A missed recording window
It has to be recorded with the county recorder within 60 days of notarization, and before death. Miss that window and it never takes effect.
Property that doesn’t qualify
It covers a primary home of one to four units or a condominium. Rentals, commercial buildings, and vacant land do not qualify.
A beneficiary who dies first
If the named person passes away before the owner and it is never updated, that share can lapse and the home may end up in probate.
Names that don’t match title
The owner’s name and the legal description have to match the existing recorded title exactly, or the recorder may reject the filing.
Planning only for death
It does nothing if the owner becomes incapacitated. Many clients pair it with other documents — we explain the options and you choose.
Match your situation
Find the deed that fits your goal
Leave the home to your kids, skip court
If you want your house to go to your children without a probate case, you need a recorded deed naming them as beneficiaries. We prepare and record it.
Flat $275Keep full control and the right to change your mind
If you want to keep living in, selling, or refinancing your home and still be able to revoke the plan, it stays fully revocable during your lifetime.
Flat $275Avoid probate without a full trust
If a single home is your estate and a trust feels like too much, this deed is the lower-cost path. If your estate is larger, a living trust preparation in San Jose may cover more — we walk you through both.
From $275Flat-fee pricing
What does a transfer on death deed cost?
How $275 compares: setting up a living trust to avoid probate typically runs $1,500 to $3,000, and probate itself can cost a family thousands more. For a single primary home, it is the lower-cost probate-avoidance option — and we quote your exact total before any work begins.
Revocable TOD Deed
$275 flat
- Document drafted with the required witness and notarization language
- Correct legal property description and named beneficiaries
- One revision and a recorded copy returned to you
After death: clearing title
Quoted separately
- When the owner passes away, the beneficiary records an Affidavit of Death of Transferor
- Filed with the certified death certificate — no court hearing
- We prepare and record this step for your family when the time comes
| Add-on | When it applies | Fee |
|---|---|---|
| Notary (per signature) | In-office signing — required to execute it | +$15 |
| Same-day e-recording | When the county records electronically and you record same day | +$50 |
| Title search | To confirm the vesting and legal description before recording | +$30 |
| Homestead declaration | When you request it alongside your filing | +$15 |
| County recording fee — primary residence | Government fee, passed through at cost | ≈$65 |
This deed is not a sale, so documentary transfer tax does not apply at recording. Recording and government fees are collected at intake and remitted to the county on your behalf — they are not TruPoint fees. Your exact total is confirmed before we begin.
DIY vs. done-for-you
Why a free form is the expensive option
The statutory form is available for free at county websites. The risk is not finding it — it is completing, witnessing, and recording it so it actually works. Here is where do-it-yourself filings go wrong.
Wrong witnesses void it
A common DIY mistake is having a beneficiary witness the signing, or skipping the second witness. The document can be invalid, and the home is back in probate — 9 to 18 months and thousands in fees.
A missed deadline cancels everything
It must be recorded within 60 days of notarization. People sign it, set it aside, and miss the window — so the document they thought protected their family has no legal effect.
Description and vesting errors
If the property description or the owner’s name does not match the recorded title exactly, the recorder rejects the filing or the deed is ineffective. We match it to your current title.
Using it on the wrong property
It only works on a qualifying residence. Owners try it on rentals, multi-unit buildings, or land that doesn’t qualify, and discover the gap only after death. We confirm eligibility first.
As a Registered Legal Document Assistant, TruPoint Legal prepares documents at your direction and explains your options in plain English — you choose the path that fits your family.
From call to recorded copy
How we prepare your deed in three steps
Plan
In a short consultation we confirm the property qualifies, who you want to inherit it, and how you hold title today. No hourly billing — your flat fee is set up front.
Prepare
We draft the California statutory deed with the exact witness and notarization language, the correct legal description, and your beneficiaries. You sign with our in-office notary and two witnesses.
Record
We record it with the county recorder within the required window and return your recorded copy. We serve all 58 California counties, often same day where the county records electronically.
Plain-English, every step
You’ll understand the deed before you sign it
We walk through each line of your deed in plain English — what it does, who inherits, and how to change it later — so you know exactly what you are recording. Clear timeline, flat fee, and the documents explained before any signature.
Verifiable credentials
A registration you can check for yourself
TruPoint Legal is operated by Quinnie Do, a Registered Legal Document Assistant bonded in Santa Clara County and an active member of the California Association of Legal Document Assistants. Both registrations are public — verify them directly.
Related deed & estate services
Other ways we help you transfer a home
In our clients’ words
What California families tell us
I have been working with Quinnie for an Interspousal Deed Transfer. I was very impressed by the service provided. Quinnie was very responsive, knowledgeable and efficient. Highly recommend!
Claire D.
Google review · May 2026
Quinnie was extremely knowledgeable and responsive. She took the time to understand my needs and explained the process in detail before we proceeded. She had all the paperwork prepared and filed on the same day I came in to sign, making the entire process quick, smooth, and seamless.
Rodney C.
Google review · June 2026
TruPoint Legal was very professional and clearly explained the process of what I was trying to accomplish. Quinnie was very knowledgeable and help me through the whole process. Will be using them for all my property projects.
Harpik A.
Google review · June 2026
Same-office partner
Your deed has to be notarized and witnessed
This deed only takes effect once it is notarized and signed in front of two witnesses. Our sister office, Fingerscan Digital, provides in-office notary service the same day, so your signing and recording can happen in one visit. See Fingerscan Digital notary service ↗
People also ask
Common questions about this deed
How do I leave my house to my kids without probate in California?
You can record a revocable deed that names your children as beneficiaries, and the home passes to them at your death without a probate case. It must be notarized, signed by two witnesses, and recorded with your county recorder before death. TruPoint Legal prepares and records it for a flat $275.
What is a transfer on death deed in California?
It is a recorded document that names who receives your home when you die, without transferring any ownership while you are alive. You keep full control and can sell, refinance, or revoke it at any time. It became available in California in 2016 and the requirements were updated in 2022.
How much does a transfer on death deed cost in California?
TruPoint Legal prepares it for a flat $275, which covers drafting, the required witness and notarization language, and a recorded copy. Optional add-ons include notary at $15 per signature and same-day e-recording at $50. The county recording fee, about $65, is a government cost passed through at intake.
Do I need witnesses for a transfer on death deed in California?
Yes. Under the 2022 update, it must be notarized and signed by two adult witnesses who are not the named beneficiaries. Missing or improper witnesses can make it invalid, which is one of the most common reasons a do-it-yourself filing fails.
Is there a deadline to record a transfer on death deed?
Yes. It must be recorded with the county recorder within 60 days of the date it is notarized, and it must be recorded before the owner’s death. If either window is missed, it has no legal effect. We record yours promptly so the deadline is not a risk.
What property qualifies for a transfer on death deed in California?
It applies to a primary residence with one to four residential units or a single condominium unit. Rental properties, commercial buildings, and vacant land do not qualify. We confirm your property is eligible before preparing it.
TOD deed or living trust — which is cheaper?
It is the lower-cost option at a flat $275, while a living trust typically costs $1,500 or more. A trust covers more — multiple properties, other assets, and incapacity planning — so the right choice depends on your estate. We explain both, prepare a living trust when that fits, and you decide.
Can I change or cancel a transfer on death deed?
Yes. It is fully revocable during your lifetime. You can record a revocation form, record a new one naming a different beneficiary, or sell the property — any of these cancels the prior filing. The named beneficiary has no rights to the home until your death.
What happens if my beneficiary dies before I do?
If the only named beneficiary dies before you and you never update it, that gift can lapse and the home may pass through probate instead. Reviewing and re-recording it after a life change keeps the plan working. We prepare an updated version whenever your wishes change.
Will Medi-Cal take the home after a transfer on death deed?
California’s Medi-Cal estate recovery generally reaches only assets that pass through probate. For people who die on or after January 1, 2017, a home that transfers outside probate — including through a recorded TOD deed — is generally not part of the estate the program can recover from. Medi-Cal eligibility rules and look-back periods are separate, are set by the state, and changed for 2026. The official rules are published by the California Department of Health Care Services ↗.
Who can prepare a transfer on death deed in San Jose?
A Registered Legal Document Assistant can prepare it at your direction. TruPoint Legal, led by Quinnie Do (LDA #268, Santa Clara County), prepares and records these documents from its San Jose office and across all 58 California counties, in English, Vietnamese, and Spanish.
What does my beneficiary do after I pass away?
After the owner’s death, the beneficiary records an Affidavit of Death of Transferor with a certified copy of the death certificate and notifies the owner’s heirs. There is no court hearing. We prepare and record that filing for your family when the time comes.
Get your situation reviewed — no obligation
Tell us about your home and who you want to inherit it. In a short call we’ll confirm whether this deed fits, quote your flat fee up front, and if it is not the right tool, we’ll tell you. Then we prepare and record it — in any of California’s 58 counties.
Last updated: June 2026