California Transfer-on-Death Deed

At a glance

How the deed works

California authorizes a 'revocable transfer on death deed' (revocable TOD deed) under Probate Code Part 4, sections 5600 through 5698. The part applies to a revocable TOD deed made by a transferor who dies on or after January 1, 2016. The Legislature substantially revised the statute effective January 1, 2022 (SB 315), tightening execution and notice rules; the part is currently scheduled to be repealed on January 1, 2032 unless a later statute extends it — though a deed properly executed before that date remains valid.

Execution is more demanding than in most beneficiary-deed states. The deed must identify the beneficiary by name, be signed and dated by the transferor, be acknowledged before a notary, and — under the post-2022 rules — be signed by two witnesses who are present at the same time. The transferor must have testamentary capacity. The deed must then be recorded, in the county where the property is located, within 60 days after it is signed and notarized, and before the transferor's death; a deed not recorded within that window is void.

The revocable TOD deed transfers nothing during the transferor's life — the beneficiary has no interest, and the transferor keeps full power to sell, mortgage, or convey the property. It is limited to certain residential real property. Because the statute has a scheduled sunset and detailed formalities, California owners should confirm current requirements with an attorney licensed in California before relying on the deed.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In California:

• Recording before death: Must be signed, dated, notarized, and recorded within 60 days of signing, before the transferor's death.
• Governing statute: Cal. Prob. Code §§ 5600–5698 Cal. Prob. Code Part 4 (Revocable Transfer on Death Deed), §§ 5600–5698 · operative Jan 1, 2016; revised eff. Jan 1, 2022 (SB 315); repeals Jan 1, 2032 unless extended.

Changing or revoking the deed

A revocable TOD deed can be revoked at any time before the transferor's death, regardless of any contrary statement in the deed. Revocation is done by recording a statutory revocation form (Prob. Code § 5644), by recording a later revocable TOD deed that revokes or supersedes it, or by recording an inter vivos deed that transfers the property to someone else — the last recorded instrument before death generally controls.

Selling or transferring the property during life effectively defeats the TOD deed, since the deed only operates on whatever interest the transferor still owns at death. A will cannot revoke a TOD deed. California also gives certain heirs and creditors post-death rights against property that passed by TOD deed, and the beneficiary's title can remain subject to claims for a statutory period.

Mortgages, Medicaid & community property

Existing mortgages and liens

A beneficiary who takes under a revocable TOD deed takes the property subject to any mortgage, deed of trust, lien, or other encumbrance existing at the transferor's death (Prob. Code § 5652). The deed passes the transferor's interest as-is; it does not clear existing debt secured by the property, and the property can also remain reachable by the transferor's unsecured creditors for a statutory period.

Medicaid estate recovery

Property passing by a revocable TOD deed may be subject to California's Medi-Cal estate recovery, whose scope has narrowed in recent years but can change again. The deed does not automatically shield the home from a Medi-Cal claim. Anyone coordinating Medi-Cal with a TOD deed should confirm the current estate-recovery rules with the California Department of Health Care Services and an attorney licensed in California.

Community property

California is a community-property state. California is a community-property state. A spouse generally can use a revocable TOD deed only for the interest that spouse owns; community real property typically cannot be given away unilaterally to a third party without the other spouse's consent, and community property held with right of survivorship already passes to the surviving spouse. Couples should be careful that a TOD deed does not conflict with how community property is titled, and should get advice from an attorney licensed in California.

State-specific quirks

Where to read next

• California estate & inheritance tax — whether California taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for California, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology