Transfer on Death Deed · California

Transfer on Death Deed
not probate

A transfer on death deed lets your California home pass straight to the people you name — without a court case, and without giving up any control while you’re alive. One missing witness or a missed recording window can void it, so we prepare it with the exact language the law requires and e-record it correctly the first time. $325 preparation fee, 50 California counties.

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Same dayE-recorded, 50 CA counties
$325Deed prepared & recorded
LDA #268Registered & bonded · Santa Clara County
Verify LDA #268 ↗ CALDA member ↗

After you submit the intake form, we review it and follow up if we have any questions. No payment is collected until your contract is signed.

A transfer on death deed is $325, plus your county’s recording fee. You keep full ownership and control while you are living, and you can revoke it at any time. See all pricing →

Quinnie Do, Registered Legal Document Assistant LDA #268, founder of TruPoint Legal

Meet Quinnie Do

Founder · Registered & Bonded LDA #268, Santa Clara County

Quinnie is a Registered Legal Document Assistant, a Registered IRS Tax Preparer, and a Commissioned Notary Public who prepares and e-records California deeds across the state. Because she is also a notary, she can notarize your deed in the San Jose office and e-record it the same day. She serves clients in English and Vietnamese, with Spanish through an on-staff partner.

Verify LDA #268 on the Santa Clara County Clerk-Recorder site ↗ View CALDA member profile ↗
The short answer

How a transfer on death deed avoids probate in California

Last reviewed July 2026

A transfer on death deed 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 — you can sell, refinance, or revoke it at any time — and at your death the home passes to your named beneficiaries without a probate case. It became available in California in 2016, and the requirements were updated in 2022.

The deed only works if it is prepared, witnessed, and recorded exactly as the law requires: notarized, signed before two adult witnesses who are not the beneficiaries, and recorded with the county within 60 days of notarization and before death. TruPoint Legal prepares the statutory deed with the correct property description and named beneficiaries and e-records it the same business day, in any of California’s 50 e-recording counties, for $325. A California attorney typically charges $1,000–$2,000 for a single deed.

If you have chosen a different document, we also prepare the trust transfer deed for a living trust and the grant deed for a transfer made now. Recording in San Jose, Fresno County, Stanislaus County or San Luis Obispo County? Each local page covers that recorder’s requirements; for every other county, see California deed transfer and recording.

Prepared and reviewed by Quinnie Do, Registered Legal Document Assistant #268, Santa Clara County (verify ↗).

Who this is for

Is this deed right for your situation?

Recognize your situation below. You tell us the outcome you want; we prepare the deed for it.

Homeowners & seniors

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 & heirs

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

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.

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 California requires. When it isn’t, it can be ineffective — and the property lands in the very process it was meant to avoid.

Missing or wrong witnesses

The 2022 rules require notarization plus two adult witnesses who are not the beneficiaries. Skip a witness, or let a beneficiary witness the signing, and the document can fail.

A missed recording window

It must be recorded with the county 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 single condominium. Rentals, commercial buildings, and vacant land do not qualify.

A beneficiary who dies first

If the named person passes before the owner and the deed 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 must 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 owners pair it with other documents — we explain the options and you choose.

Transparent pricing

What a transfer on death deed costs

Setting up a living trust to avoid probate typically runs more, and probate itself can cost a family thousands. For a single primary home, this deed is the lower-cost probate-avoidance option — and your exact total is confirmed before any work begins.

Revocable TOD deed
$325 per deed
  • Statutory deed drafted with the required witness and notarization language
  • Legal description verified against your recorded title
  • Your named beneficiaries and vesting handled correctly
  • Same-day e-recording in any of 50 California counties, recorded copy returned
After death · clearing title
$325 affidavit
  • When the owner passes, the beneficiary records an affidavit of death of transferor
  • Filed with the certified death certificate — no court hearing
  • We prepare and e-record this step for your family when the time comes

Optional add-ons — itemized, never bundled

Notary (per signature)+$15
Same-day e-recording+$50
Title search (optional)+$30
Homestead declaration (on request)+$15
Documentary transfer taxNot a sale — n/a
County recording fee (government)≈$40–$130

This deed is not a sale, so documentary transfer tax does not apply at recording. County 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.

How it works

From call to recorded copy, in three steps

1

You start the intake

You tell us the property, who you want to inherit it, and how you hold title today on our online Transfer on Death questionnaire. No hourly billing — your fee is set up front.

2

We prepare the deed

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 qualifying witnesses.

3

We e-record it

We record it with the county within the required window and return your recorded copy — same business day where the county records electronically, in any of California’s 50 e-recording counties.

DIY vs. done-for-you

Why a free form is the expensive option

The statutory form is free at county websites. The risk isn’t finding it — it’s completing, witnessing, and recording it so it actually works.

A common do-it-yourself mistake is having a beneficiary witness the signing, or missing the 60-day recording window entirely — so the document a family thought protected them has no legal effect, and the home lands in 9 to 18 months of probate. If the property description or the owner’s name doesn’t match the recorded title exactly, the recorder rejects it. We match it to your current title, prepare it to the county’s requirements, and e-record it inside the window — you decide who inherits, we make the document hold.

House keys and a model home handed over with property transfer paperwork and a laptop
Is a TOD deed enough — or do you need a trust?

This deed passes one home. A living trust can cover everything.

A transfer on death deed is the simplest way to pass a single property without probate — and for many people that’s exactly enough. If you own more than one property, want to set conditions, or plan for multiple beneficiaries, a living trust does more. We prepare either one at your direction.

Transfer on death deed

One home · $325
  • Passes a single primary residence to your named beneficiaries
  • Fully revocable — you keep control and can change it any time
  • Lower-cost path when a single home is the whole estate

Living trust

Everything · from $1,300
  • Holds every property and other assets under one plan
  • Lets you set shares, ages, and who manages it — and change them
  • Covers incapacity and out-of-state property a single deed can’t

Not sure which fits? Compare a living trust, or talk it through — you decide, and we prepare whichever you choose.

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 e-records it for $325.
Is a beneficiary deed the same as a transfer on death deed?
Yes — they are two names for the same document. Some states call it a beneficiary deed; California’s statute calls it a revocable transfer on death deed, often shortened to a TOD deed. If you have been told you need a beneficiary deed on a California property, this is the document you are looking for.
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 do I revoke a transfer on death deed later?
By recording a statutory revocation under Probate Code §5644 — signed before two witnesses, notarized, and recorded within 60 days of notarization or it has no effect. A will cannot revoke a TOD deed, and telling the beneficiary changes nothing. Recording a later TOD deed also supersedes an earlier one. $325 either way.
How much does a transfer on death deed cost in California?
TruPoint Legal prepares it for $325, 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. County recording fees, roughly $40 to $130, are a government cost collected at intake and remitted on your behalf.
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. You tell us the property; we prepare the deed to the county’s requirements for it.
Which is cheaper — a TOD deed or a living trust?
The deed is the lower-cost option at $325, while a living trust starts at $1,300. 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, record a new deed 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 the deed, 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.
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 e-record that affidavit for $325 when the time comes.
Can a Legal Document Assistant prepare a transfer on death deed in San Jose?
Yes. A California Registered Legal Document Assistant prepares and e-records 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 50 California counties, in English, Vietnamese, and Spanish.
Can I just use a free transfer on death deed form off the internet?
This is the deed where that goes wrong most often, because California attaches formalities to it that no other deed has. Since January 1, 2022 the revocable TOD deed must be signed in the presence of two witnesses who are both present at the same time and who also sign, in addition to being notarized. It must then be recorded within 60 days of the date you sign it, or it is void — not delayed, void. Free templates predate the witness rule or omit it, and nothing tells you the 60-day clock is running. The failure is invisible: the deed looks recorded, and your family finds out it did not work after you are gone, when nobody can fix it.
Will my children still face a property tax reassessment under Proposition 19?
Possibly, and a TOD deed does not change that. Proposition 19 governs what happens to the assessment when property passes to a child, whether it passes by trust, by will, by probate, or by transfer on death deed. Since 2021 the parent-child exclusion applies only where the child makes the home their own principal residence, files a claim with the county assessor within the statutory window, and stays under the value cap. A TOD deed avoids probate; it does not avoid reassessment. We are not tax advisors, so confirm your situation with the county assessor or a CPA before you decide between a TOD deed and a living trust.
Can you prepare it if I live out of state or outside the country?
Yes, at the same $325, though this deed needs more planning than the others because of the witness and 60-day recording rules. You sign in front of two adult witnesses and a notary — any notary public licensed where you are, in another state or at a U.S. embassy or consulate abroad. We e-record it with the California county well inside the 60-day window. Because that clock starts the moment you sign, we tell you when to schedule the appointment rather than leaving you to guess.
What do you need from me to prepare a transfer on death deed?
The current recorded deed, or the property address and APN so we can pull it; your exact legal name as it appears on title; the full legal names of the beneficiaries and how you want the property split between them; and confirmation the property qualifies. Intake takes about ten minutes online and nothing is charged until we confirm the fee. If it turns out a TOD deed is not the right fit for your property, we tell you before you pay.

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Related deed & estate services

Other ways we help you transfer a home

Living TrustThe broader probate-avoidance option — covers every property and other assets under one plan.Build a trust → Affidavit of Death of Joint TenantClear a deceased co-owner off title after a death, without a court case.Affidavit of death → Fund a Living TrustMove your home into a trust you already have so it stays out of probate.Trust funding → Quitclaim DeedTransfer between owners without a sale — add or remove a name, or gift property.Quitclaim transfers → Deed Transfer & RecordingEvery California deed type and our same-day e-recording in 50 counties.Deed hub → Probate Document PreparationWhen an estate already has to go through court, we prepare the filings.Probate help →

Own a home in Nevada too?

Nevada does not use California’s transfer on death deed. Its version is the Deed Upon Death, with its own rules. Our separate Nevada company, TruPoint LLC, prepares the Nevada Deed Upon Death and submits it to any Nevada county electronically, so you can sign from California.

TruPoint LLC is a registered Nevada Document Preparation Service. I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE OR LEGAL REPRESENTATION.

Get your situation reviewed — no obligation

Tell us about your home and who you want to inherit it. We confirm your fee up front, prepare the deed with the exact language the law requires, and e-record it in any of California’s 50 e-recording counties — often the same day.

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