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Title Tag: California Transfer-on-Death Deed (TOD Deed): How It Works, Requirements & Template (2026) - ProbatePedia

Meta Description: Learn how California's Transfer-on-Death deed lets you pass your home to heirs without probate — no trust needed. Covers creation, recording, revocation, post-death steps, Prop 19, and Medi-Cal. Downloadable template included.

California Transfer-on-Death Deed: Transfer Your Home Without Probate (2026 Guide)

Last Updated: March 2026 • Covers Probate Code §5600–§5696 | Reading time: ~11 minutes

Quick answer

A California Transfer-on-Death (TOD) deed lets you name who will inherit your real property when you die — without probate, without a living trust, and without giving up any rights during your lifetime. You sign the deed now, record it with the County Recorder, and your named beneficiary receives the property automatically at your death by filing a simple affidavit. You can sell, refinance, or revoke the deed at any time. Available in California since 2016 under Probate Code §5600. For many California homeowners, the most pressing estate planning question is simple: how do I make sure my house goes to my children without going through probate? A full living trust is the most comprehensive answer — but it costs $1,500 to $4,000 or more to set up, requires an attorney, and demands ongoing attention to keep assets properly titled. The Transfer-on-Death deed — sometimes called a TOD deed or beneficiary deed — is California's purpose-built alternative for homeowners who want a simpler, lower-cost solution. For a recording fee of roughly $15 to $25 per page, you can designate who inherits a specific piece of real property, keep full control of that property during your lifetime, and ensure the transfer happens entirely outside of probate court. This guide explains how the TOD deed works, walks through every step of creating and recording one, covers what your beneficiary needs to do after your death, and addresses the key issues — Proposition 19, Medi-Cal, multiple beneficiaries, and when a living trust is still the better choice.

How a California TOD Deed Works

The Core Mechanism

A TOD deed operates on a simple principle: you transfer the property now in name, but the transfer only takes effect at death. During your lifetime, the deed sits on the public record at the County Recorder's Office, but your beneficiary has absolutely no legal rights to the property — no right to occupy it, no right to any proceeds from a sale, and no right to encumber it. You remain the full legal owner.

When you die, the transfer becomes effective automatically by operation of law. Your beneficiary then takes one administrative step — filing an Affidavit of Death with the County Recorder — and title passes to them without any court involvement.

What Makes It Different from a Regular Deed

A regular deed (a grant deed, for example) transfers ownership immediately and irrevocably. Once you sign and record a grant deed, you have given up ownership. With a TOD deed, you retain full ownership. The beneficiary designation is revocable at any time — by recording a revocation, by recording a new TOD deed naming different beneficiaries, or simply by selling the property.

Key Distinction:

A TOD deed is fundamentally different from adding someone to your title (joint tenancy). With joint tenancy, the co-owner has immediate property rights — they could force a partition sale, their creditors could lien the property, and their consent is needed to sell. A TOD deed beneficiary has none of these rights while you are alive. Your ownership is completely unaffected.

Legal Background: California Probate Code §5600–§5696

California enacted the Revocable Transfer on Death Deed statute in 2016 (AB 139), authorizing TOD deeds through an initial pilot program. The legislature made the tool permanent in 2021. The law is codified at Probate Code §5600 through §5696 and applies to real property located in California.

The statutory scheme reflects careful design: the law specifically addresses revocation, multiple beneficiaries, what happens when a beneficiary predeceases the grantor, creditor rights, Medi-Cal recovery, and the interaction with other estate planning documents. Understanding these provisions — not just how to fill out the form — is what separates a properly executed TOD deed from one that creates problems.

| ContentSubject** | | --- | --- | | §5620 | Requirements for a valid TOD deed | | §5622 | Statutory form for TOD deed | | §5628 | When TOD deed takes effect (at grantor's death) | | §5630 | Revocation procedure | | §5642 | Content requirements — the mandatory statutory form language | | §5650 | Effect of beneficiary predeceasing grantor | | §5652 | Effect of divorce or annulment on TOD deed | | §5670–§5696 | Liability of beneficiary for grantor's debts and Medi-Cal claims |

What Types of Property Can a TOD Deed Cover?

California's TOD deed statute applies to real property located in California. This includes:

  • Single-family homes and condominiums
  • Multi-unit residential properties (duplexes, triplexes, apartment buildings)
  • Vacant land and agricultural parcels
  • Commercial real estate
  • A partial interest in real property (you can transfer your percentage ownership)

One Parcel Per Deed:

Each TOD deed covers one parcel of real property — identified by its Assessor's Parcel Number (APN) and legal description. If you own multiple properties and want to designate TOD beneficiaries for all of them, you need a separate deed for each property. This is one situation where a living trust (which can hold all properties under a single document) may be more practical.

The TOD deed does not cover personal property (bank accounts, vehicles, investments) — those require beneficiary designations (POD/TOD on accounts) or inclusion in a living trust. See our companion articles for those topics.

How to Create and Record a California TOD Deed: Step by Step

STEP 1 Obtain the Property's Legal Description and APN

You need the exact legal description from your current deed — not just the street address.

The legal description is the precise technical description of the property used in all recorded documents. You can find it on your existing deed (which you can look up at the County Recorder's Office or on your county assessor's website if you do not have a copy), on your property tax bill, or through a title company.

The Assessor's Parcel Number (APN) is a shorter identifying number assigned by the county — you will need this on the deed as well. Both pieces of information are required; using only the street address is not sufficient for a legally recorded deed.

STEP 2 Identify Your Beneficiary or Beneficiaries

You can name one person, multiple people, a trust, or a combination.

You may name any of the following as beneficiary:

  • One individual (the most straightforward option)
  • Multiple individuals — specify ownership shares (e.g., "to Alice Smith and Bob Smith, as tenants in common, each an undivided 50% interest")
  • A living trust ("to the Alice Smith Revocable Trust, dated January 1, 2020")
  • A minor child — but note that a minor cannot hold title directly; a guardian or custodian will need to manage the property until they reach 18

Naming Minors as Beneficiaries:

If you name a minor as TOD beneficiary and you die before they turn 18, the property cannot be transferred directly to them. A court-appointed guardian of the estate (a conservator) will need to manage the property on their behalf — which requires probate court involvement. If you want to leave property to a minor, consider naming a living trust as the beneficiary instead, with instructions for how the trustee handles the asset until the child reaches adulthood.

What happens if your beneficiary dies before you? Under §5650, if a named beneficiary predeceases you and you have not updated the deed, the gift to that beneficiary lapses — the property does not automatically pass to their heirs. If you named multiple beneficiaries and one dies, the survivors take the deceased beneficiary's share (unless you specified otherwise). Review and update your TOD deed after any beneficiary's death.

STEP 3 Prepare the Deed Using the Statutory Form

California law provides a mandatory statutory form under §5642. Use it exactly.

Probate Code §5622 provides the mandatory statutory form for a California TOD deed. The deed must include specific language to be legally valid — it is not sufficient to create a general deed and add a transfer-on-death notation. The statutory form includes:

  • Grantor's full legal name
  • The statutory "transfer on death" designation language
  • The full name(s) of the beneficiary or beneficiaries, with shares specified if multiple
  • The complete legal description of the property
  • The APN
  • The county where the property is located

The form must also include the Preliminary Change of Ownership Report (PCOR, Form BOE-502-A), which is filed simultaneously with recording. The PCOR notifies the county assessor of the transfer and triggers evaluation of any property tax reassessment implications under Proposition 19.

STEP 4 Sign the Deed Before a Notary Public

Notarization is required for recording. A witness signature alone is not sufficient.

The grantor (the current property owner) must sign the TOD deed in the presence of a notary public. The notary verifies your identity, witnesses your signature, and applies their seal. Without notarization, the County Recorder will not accept the deed for recording.

Notarization costs $10 to $15 per signature at most banks, UPS Stores, and independent notary publics. Many banks offer free notarization to account holders. Mobile notaries (who come to your home or office) typically charge $25 to $75 for a house call plus the per-signature fee.

STEP 5 Record the Deed with the County Recorder — Before You Die

This is the step that makes the deed legally effective. An unrecorded deed has no legal effect.

Recording is what makes a TOD deed valid. An executed but unrecorded TOD deed does not protect your property from probate. The deed must be submitted to — and accepted by — the County Recorder's Office in the county where the property is located, during your lifetime.

To record the deed, bring or mail to the County Recorder:

  • The original signed, notarized TOD deed
  • The completed Preliminary Change of Ownership Report (PCOR/BOE-502-A)
  • The recording fee — typically $15 to $25 per page, plus a $3 per-page surcharge under the Building Homes and Jobs Act (SB 2)

Recording fees in California have two components: (1) a base per-page fee set by Government Code §27361 (typically $14–$16 for the first page, $3–$4 per additional page), and (2) the SB 2 Building Homes and Jobs Act surcharge (Government Code §27388.1), which adds $75 per real estate instrument per title per parcel, capped at $225 per single transaction. A standard 2-page TOD deed covering one parcel typically costs $90 to $105 to record in most California counties — not the $20–$60 figure sometimes cited online, which omits the SB 2 surcharge.

Most TOD deeds are subject to SB 2. If you believe your transfer qualifies for an exemption, you must write the specific exemption language on the face of the deed (e.g., "Exempt from GC §27388.1 — [cite reason]") or the Recorder will charge the full $75.

| ContentFirst PageContentAdd'l PageContentSB 2ContentOther Common FeesContentTypical Total (1-page, 1 title, non-exempt)ContentSource** | | --- | --- | --- | --- | --- | --- | --- | | Los Angeles | $15 | $3 | $75 | Fraud $3–$10; non-conforming $3 | ~$93–$103+ | lavote.gov | | San Francisco | $14–$17 | $3 | $75 (per parcel, max $225) | Add'l indexing $1+ | ~$90–$103+ | sf.gov Recorder | | Orange | $12 | $3 | $75 | Fraud $10; non-conforming $3 | ~$87–$100+ | ocrecorder.com | | Santa Clara | Bundled ~$25–$102 | $3 | $75 | AB 1466 $2; non-conforming $3 | ~$102+ (bundled) | sccgov.org | | San Diego | $15 | $3 | $75 | Fraud fee varies | ~$90–$103+ | sdarcc.gov | | Contra Costa | $14–$17 | $3 | $75 (max $225) | Fraud $3–$10 | ~$89–$103+ | cc.contracosta.ca.gov | | Ventura | $14 | $3 | $75 | Penalty print $1 | ~$89+ | recorderinfo.com | | All other counties | $14–$16 | $3–$4 | $75 (max $225/transaction) | Varies by county | ~$89–$105+ | Check county Recorder website |

Always Verify Before Filing:

Recording fees can change when counties update their fee schedules, and the SB 2 calculation varies depending on the number of titles and parcels in a single transaction. Use your county Recorder's online fee calculator (available at most county websites) or call the office before arriving. Fees shown above are based on 2026 county schedules and are subject to change.

Critical Reminder:

The deed must be recorded before your death to be effective. A deed found after death — even signed and notarized — cannot be recorded posthumously. It would need to go through probate instead. Record as soon as the deed is signed.

After the Grantor Dies: What the Beneficiary Must Do

Once the grantor dies, the property does not transfer automatically without any action. The beneficiary must take the following steps to formally claim title:

STEP 1 Obtain a Certified Copy of the Death Certificate

Order from the County Recorder or Vital Records office where the death occurred.

Certified copies cost $21–$25 in most California counties. Order at least two — one for the County Recorder and one for your records. Additional copies may be needed if you plan to refinance or sell the property.

STEP 2 Wait — No Mandatory Waiting Period for TOD Deeds

Unlike the §13100 affidavit (which requires 40 days), there is no waiting period for TOD deeds.

The transfer under a TOD deed becomes effective immediately at the grantor's death. There is no mandatory waiting period before the beneficiary can file the Affidavit of Death. In practice, it takes a few days to obtain certified death certificates, but the beneficiary can proceed as soon as they have the documents in hand.

STEP 3 Prepare the Affidavit of Death of Transferor

This document, filed with the County Recorder, formally establishes your ownership of the property.

The Affidavit of Death (sometimes called an Affidavit of Death of Transferor) is a notarized declaration that the grantor has died and the beneficiary is now entitled to the property under the TOD deed. It must include:

  • The beneficiary's full name and address
  • The grantor's name, date of death, and place of death
  • A reference to the recorded TOD deed (recording date, instrument number, and county)
  • The legal description and APN of the property
  • A statement that the beneficiary is entitled to the property under the TOD deed

The affidavit must be notarized and recorded with the County Recorder in the county where the property is located, along with a certified copy of the death certificate.

STEP 4 Record the Affidavit of Death with the County Recorder

Same office, same process as recording the original TOD deed.

Recording fees for the Affidavit of Death are the same as for any recorded document — $15 to $25 per page plus applicable surcharges. Once recorded, the County Recorder's records will show the property transferred to the beneficiary, and the beneficiary can obtain title insurance and deal with lenders, buyers, or other parties as the new owner.

The entire post-death process — from death to clear title — typically takes one to four weeks, depending on how quickly death certificates are issued and the County Recorder's processing time. This compares favorably to 12 to 18 months for a probate proceeding.

Creditor Claims After TOD Transfer:

Under Probate Code §5670–§5696, a beneficiary who receives property via a TOD deed can be personally liable for the grantor's unsecured debts — but only up to the fair market value of the property received, and only for debts that could have been paid from the probate estate. Creditors have one year from the date of death to make a claim against the beneficiary. In practice, this is rarely an issue for most families, but it is something to be aware of if the decedent had significant unsecured debts.

How to Revoke or Change a California TOD Deed

A TOD deed is fully revocable at any time during the grantor's lifetime. There are three ways to revoke or change it:

Method 1: Record a Revocation of TOD Deed

Execute and record a separate Revocation of Revocable Transfer on Death Deed (using the statutory form under §5630) with the same County Recorder's Office. The revocation must be signed by the grantor and notarized. Once recorded, the TOD deed is void.

A revocation can be recorded at any time before the grantor's death. Recording a revocation does not affect your ownership of the property in any way — it simply removes the TOD beneficiary designation.

Method 2: Record a New TOD Deed Naming Different Beneficiaries

If you simply record a new TOD deed naming a different beneficiary (or adding or removing beneficiaries), the most recently recorded TOD deed controls. You do not need to formally revoke the earlier one — though doing so is cleaner and avoids potential confusion.

Method 3: Sell or Transfer the Property During Your Lifetime

If you sell the property, complete a 1031 exchange, or transfer it into a living trust during your lifetime, the TOD deed automatically becomes void. The new owners (whether a buyer, exchanger, or trust) take clear title unencumbered by the TOD deed.

Divorce and TOD Deeds:

California Probate Code §5652 provides that if you are divorced or have your marriage annulled after recording a TOD deed naming your spouse as beneficiary, the gift to the former spouse is automatically revoked by operation of law — as if the former spouse had predeceased you. This is a helpful automatic protection, but it is still good practice to formally revoke and re-record a new TOD deed after a divorce to avoid any ambiguity.

Proposition 19 and Property Tax Reassessment: Critical Considerations

Before California's Proposition 19 took effect on February 16, 2021, a parent could transfer a primary residence to a child without any property tax reassessment — the child simply stepped into the parent's (often very low) property tax base. For many California families, this represented an enormous financial benefit, sometimes worth hundreds of thousands of dollars over decades.

Proposition 19 significantly changed these rules. Understanding how Prop 19 interacts with a TOD deed is essential before you designate your children as beneficiaries.

The New Rules Under Proposition 19

| ContentPre-Prop 19ContentPost-Prop 19 (Feb 16, 2021 onward)** | | --- | --- | --- | | Parent → Child (primary residence) | No reassessment regardless of value or how child uses it | No reassessment ONLY if child moves in as primary residence within 1 year AND claims homeowner's exemption. If child does not move in, full reassessment to current market value. | | Parent → Child (rental or vacation property) | No reassessment up to $1M assessed value exclusion | Full reassessment to current market value. No exclusion available. | | Parent → Child (primary residence over $1M above parent's assessed value) | No reassessment | Partial reassessment — child's tax base = parent's assessed value + amount over $1M | | Grandparent → Grandchild | Treated same as parent-child if parent is deceased | Same new rules as parent-child apply |

In practical terms, this means that if you use a TOD deed to leave your $1.5 million home to your child — and your child does not intend to live in it as their primary residence — they will face a reassessment to current market value when they inherit. Depending on how long you have owned the property, this could mean property taxes increasing from a few thousand dollars per year to fifteen or twenty thousand dollars per year.

Planning Tip:

Have a direct conversation with your intended beneficiary before recording the TOD deed. If they plan to move in, a TOD deed is an excellent tool. If they plan to rent it out or sell it, the property tax consequences of inheritance via TOD deed — versus a living trust, versus a sale during your lifetime — should be carefully compared. An estate planning attorney or a CPA can help model the numbers.

One important note: the recording of a TOD deed itself does not trigger a Prop 19 reassessment. Reassessment only occurs when the property actually transfers — at the grantor's death, when the beneficiary records the Affidavit of Death. At that point, the county assessor evaluates whether the Prop 19 exclusion applies.

Medi-Cal Estate Recovery and TOD Deeds

As discussed in our main California estate planning guides, California's Medi-Cal estate recovery program (governed by SB 833, effective 2017) limits recovery to assets that pass through the probate estate. Property that transfers via a TOD deed bypasses probate entirely and is therefore outside the scope of Medi-Cal estate recovery under the current framework.

This means that if you received Medi-Cal benefits after age 55 and your home passes to your beneficiary via a TOD deed — not through probate — the California Department of Health Care Services (DHCS) generally cannot file a recovery claim against the property.

No 2025–2026 Changes to This Rule:

There were no legislative changes to California's Medi-Cal estate recovery scope in 2025 or 2026. SB 833's framework limiting recovery to probate assets remains in effect. If you are planning specifically around Medi-Cal recovery for long-term care, consult an elder law attorney — there are nuances around the type of benefits received and the timing of the transfer that may affect your situation.

TOD Deed vs. Living Trust: When to Use Which

The most common question homeowners ask is whether to use a TOD deed or set up a living trust. The honest answer is: it depends on the complexity of your estate and your family situation. Here is a direct comparison:

| ContentTOD DeedContentRevocable Living Trust** | | --- | --- | --- | | Cost to set up | ~$50–$200 (recording fees only) | $1,500–$4,000+ (attorney) | | Time to set up | Hours (sign + record) | 2–6 weeks with attorney | | Covers real estate? | Yes — one parcel per deed | Yes — all properties in one document | | Covers bank/investment accounts? | No — need separate POD/TOD on accounts | Yes — retitle accounts in trust name | | Incapacity planning? | No — does nothing if you are incapacitated while alive | Yes — successor trustee takes over without court | | Privacy? | Partial — deed is public record, but no court proceeding | Full privacy — trust terms never become public | | Multiple properties? | Cumbersome — need one deed per property | Excellent — all properties under one trust | | Beneficiary predeceases grantor | Gift lapses unless you update the deed | Trust can include contingency provisions | | Avoids probate? | Yes — for that property only | Yes — for all assets properly transferred in | | Creditor exposure to beneficiary? | Yes — up to property value for grantor's debts (§5670) | Depends on trust structure; generally better protection |

When a TOD Deed Is the Right Choice

  • You own one primary residence in California and have few other significant assets
  • Your estate is simple — one heir, no blended family complications, no business interests
  • You have already set up beneficiary designations on all financial accounts
  • You want the lowest-cost, fastest solution and understand its limitations
  • Your beneficiary plans to move into the home (Prop 19 exclusion will apply)

When a Living Trust Is the Better Choice

  • You own multiple properties — in California or other states
  • You have a blended family, minor children, or a beneficiary with special needs
  • You want incapacity planning (successor trustee handles affairs if you are unable to)
  • You value complete privacy (trust terms are never public record)
  • Your estate is large or complex enough that professional administration is needed
  • You want a single coordinated document covering all your assets

⚡ Download our California TOD Deed Template Pack ($19) — includes the §5622 statutory deed form pre-filled with required language, a recording guide for all 58 CA counties, the Preliminary Change of Ownership Report (PCOR/BOE-502-A), the Affidavit of Death form your beneficiary will need, and a Prop 19 planning checklist.

Common Mistakes That Invalidate a California TOD Deed

| ContentConsequenceContentHow to Avoid** | | --- | --- | --- | | Failing to record before death | Deed has no legal effect; property goes through probate | Record immediately after signing — do not wait | | Using the wrong legal description | Recording may be rejected; if accepted, deed may be unenforceable | Copy the legal description exactly from your existing deed; use a title company if unsure | | Naming a minor as beneficiary without a trust or UTMA account | Property cannot transfer directly to a minor; court-appointed guardian required | Name a living trust or adult custodian; consult an attorney if minors are involved | | Not updating after beneficiary's death | Gift lapses; property may go through probate or pass to unintended heirs | Review and update the deed after any beneficiary dies or family circumstances change | | Not updating after divorce | Former spouse's designation is automatically revoked by law (§5652), but ambiguity remains | Formally revoke and re-record after divorce; keep estate plan current | | Using a non-statutory form | Recording may be rejected or deed may be legally defective | Use the statutory form provided under §5622; our template includes the correct language | | Assuming the deed covers all assets | TOD deed covers only the specific property identified; bank accounts, vehicles, other assets still need separate planning | Combine TOD deed with beneficiary designations on financial accounts for comprehensive coverage |

Frequently Asked Questions

Can I use a TOD deed on a property with a mortgage?

Yes. A mortgage or deed of trust on the property does not prevent you from recording a TOD deed. The existing mortgage remains in place at your death — your beneficiary inherits the property subject to the outstanding loan balance. The lender cannot call the loan due solely because of the TOD transfer; federal law (the Garn-St. Germain Act) prohibits "due-on-sale" clauses from being triggered by a transfer to a family member upon death. However, the beneficiary will need to either assume the mortgage, refinance, or sell the property to address the outstanding balance.

Can I put a TOD deed on a property I own with my spouse?

Yes, with an important nuance. In California, spouses often own property together as community property or joint tenants. If you and your spouse own a property as joint tenants, you can each record a TOD deed designating who receives your half-interest — but the joint tenancy right of survivorship means the TOD deed typically has no effect until both spouses have died. If you own as community property, you can each record a TOD deed for your half-interest. The details of how this interacts with community property rules are complex; consult an attorney if you and your spouse want to use TOD deeds on jointly owned property.

Does a TOD deed affect my homeowner's exemption or property taxes while I am alive?

No. Recording a TOD deed does not affect your homeowner's exemption, your current property tax base, or any other aspect of your property ownership during your lifetime. The deed is essentially dormant until your death — the county assessor does not treat it as a change in ownership. Property tax reassessment is only evaluated when the transfer actually occurs at your death.

What happens if I sell the property after recording a TOD deed?

If you sell the property during your lifetime, the TOD deed automatically becomes void. The buyer receives clear title, and the beneficiary you named has no claim. You do not need to formally revoke the TOD deed before selling — the sale itself extinguishes it. However, the title company handling the sale will typically note the recorded TOD deed and may ask you to execute a formal revocation as part of the closing process.

Can a TOD deed be contested after death?

Yes. Like any recorded document, a TOD deed can be challenged in court. Grounds for contesting include: the grantor lacked mental capacity when signing, the grantor was subject to undue influence or fraud, the deed contains a defective legal description, or the deed did not comply with the statutory execution requirements. However, because a TOD deed is recorded during the grantor's lifetime — not presented to probate court after death — it is generally harder to contest than a will. The statute of limitations for contesting a TOD deed transfer begins at the grantor's death.

Can a TOD deed name a charity as beneficiary?

Yes. You can name any legal entity as beneficiary — an individual, a trust, a charity, a corporation, or even multiple beneficiaries in specified shares. If you name a charitable organization, use its full legal name and, ideally, its EIN (federal tax identification number) to ensure there is no ambiguity about which organization you intended. Gifts to qualifying charitable organizations may have estate tax planning benefits; consult a tax advisor.

Does California's TOD deed work in other states?

No. California's TOD deed is a creature of California statute and only applies to real property located in California. If you own real estate in another state, you need to check whether that state has an equivalent procedure — most states do, but the forms, requirements, and terminology differ significantly. As of 2026, more than 30 states have authorized some form of TOD or beneficiary deed for real estate. See our state-by-state guides for specific information.

Is a TOD deed the same as a Lady Bird deed?

No, though they serve a similar purpose. A Lady Bird deed (also called an Enhanced Life Estate deed) is used primarily in Florida and a handful of other states — it is not a California legal instrument. California uses the TOD deed framework under Probate Code §5600. The practical effect is similar — both allow a property owner to designate a beneficiary who receives the property at death without probate, while retaining full control during lifetime — but the legal mechanisms are different and state-specific.

Next Steps

For California homeowners who own one primary residence and want a simple, affordable way to keep that property out of probate, a properly drafted and recorded TOD deed is one of the most effective tools available. Pair it with beneficiary designations on your financial accounts, and you can protect the majority of a typical California estate from probate — at minimal cost.

For more complex estates — multiple properties, blended families, business interests, or a need for incapacity planning — a living trust is worth the additional investment.

Download the California TOD Deed Template Pack — $19

Includes: §5622 statutory deed form · PCOR/BOE-502-A · Affidavit of Death template · County recording fee guide (all 58 CA counties) · Prop 19 planning checklist · Step-by-step instructions

→ Download Now

Not Sure If a TOD Deed Is Right for Your Situation?

A California estate planning attorney can review your specific situation — property ownership, family structure, Prop 19 implications — and advise whether a TOD deed, a living trust, or a combination is the right approach.

→ Find a California Estate Planning Attorney — Free Initial Consultation

✅ Data Notes — March 2026

• TOD deed statute (§5600–§5696) — permanent law since 2021; no changes in 2025–2026

• Prop 19 — effective Feb 16, 2021; rules described above current as of March 2026

• Medi-Cal recovery (SB 833) — confirmed no 2025–2026 changes; TOD deed assets protected

• Recording fees — base fees shown are estimates; verify at each County Recorder before filing

• §5652 divorce revocation — confirmed current; automatic revocation upon divorce/annulment still in effect

probatepedia.com · /california/avoid-probate/transfer-on-death-deed/ · CA-4 of 10 · v1.0 March 2026 · Data verified


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