California Affidavit of Death of Trustee

Has your spouse recently passed away? If the two of you held title to real estate as community property in California, you will need to file this California Affidavit of Death form.

• First you will need to sign the Affidavit in front of a Notary.
• Then you must file it with the County Clerk in order to have title to the property transferred solely into your name.
• You'll need to attach a copy of the Certificate of Death to the form.
• Buy and download the form, fill in your details, print it, and take it to a notary for signing.
• Available in MS Word format.
• Intended to be used only in the State of California.

If you own property in joint tenancy with someone who has died, you can transfer title solely into your name with this California Affidavit of Death of Joint Tenant.

• This Affidavit is NOT for real estate that is community property. To transfer community property, you need the Affidavit of Death form for community property.
• You will need to attach a copy of the Certificate of Death to this Affidavit.
• Once the Affidavit has been sworn and notarized, you can register it in the Recorder's Office where the title deed is filed.
• There is no need to probate real estate owned by joint tenants. Once you file this Affidavit, title will be reissued in your name.
• Available in MS Word format.
• For use only in the State of California.

File this California Affidavit of Surviving Spouse if you and your spouse owned property which was NOT held as community property before he or she passed away.

• The Affidavit is made under California Probate Code section 13540.
• The surviving spouse states that he/she and the deceased spouse at all times considered the property to be community property.
• The Affidavit must be filed 40 days after the decedent's death to protect the interest of your successors in title and that of other parties with an interest in the property (such as title insurers).
• The affiant must also attest that no election to probate the deceased's interest in the property has been or will be filed.
• Available in MS Word format.
• Intended to be used only in the State of California.

Prepare Affidavits for Release of Property of Decedent without Probate with this package of template California forms.

If you are acting as executor of an estate in California which is not going through probate or administration, you will require affidavits from the beneficiaries under the Will before you can release property to them.

This package contains:

1. Affidavit re Real Property of Small Value ($20,000 or less), together with the required Inventory and Appraisal form.
2. Affidavit Under Probate Code S. 13101.
3. Affidavit for Withdrawal of Account or Personal Property, to transfer bank accounts or items held in safe deposit boxes.

Executors and personal representatives in California need these Affidavits for Release of Property of Decedent without Probate.