Planning what happens to your home or other real property after your death does not always have to involve a lengthy probate process.

A Transfer on Death Deed (TOD Deed) can be an option for California property owners who want to name a beneficiary to receive their property after death. Meanwhile, it allows owners to retain ownership, responsibility, and control of the property during their lifetime.

California law recognizes a Revocable Transfer on Death Deed as a way to transfer qualifying real property to a named beneficiary at death without probate administration of that property. Additionally, California Courts explains that a TOD Deed can allow family members or other named beneficiaries to receive real property without going through probate.

How Does a Transfer on Death Deed Work?

A Transfer on Death Deed allows you to name the person or people you want to receive your property when you die.

While you are alive, you generally keep control of the property. The beneficiary does not become the owner simply because you named them on the deed.

The deed is designed to take effect upon your death, subject to the requirements of California law.

California Courts explains that a TOD Deed can be completed, notarized, and recorded with the County Recorder’s Office. It also provides that the deed can be revoked if you change your mind.

Benefits of a Transfer on Death Deed

Avoiding Probate

One of the biggest benefits is that a qualifying property can transfer to the named beneficiary without probate administration of that property.

Keep Ownership While You’re Alive

You continue to own and control your property during your lifetime. Creating a TOD Deed does not mean the beneficiary becomes the owner immediately.

Name Your Beneficiary

You can identify the person or people you want to receive the property after your death.

Can Be Revoked

A California TOD Deed is revocable, meaning it can be revoked during the property owner’s lifetime as permitted by law.

What Happens After Death?

After the property owner dies, the beneficiary must complete the required steps to establish the transfer.

California law provides procedures for establishing the transferor’s death and requires certain notice to the transferor’s heirs. In addition, an affidavit of death and other required documentation may also need to be recorded before the beneficiary can establish the transfer of the property.

This means a TOD Deed can simplify the transfer of property. However, the beneficiary should still understand and complete the required post-death procedures.

Is a Transfer on Death Deed Right for Everyone?

Not necessarily.

A TOD Deed may be useful for someone whose primary goal is to transfer a particular property to a named beneficiary while retaining control during life. However, estate planning needs vary from person to person.

California Courts notes that a TOD Deed may be particularly useful when a person’s main asset is their home. In these cases, there are few or no other significant assets requiring probate.

Before choosing a TOD Deed, consider your overall estate, other assets, family circumstances, and the beneficiary you intend to name.

Need Help With a Transfer on Death Deed?

Khan Paralegal and Notary provides document preparation and notary services for individuals who need assistance organizing and preparing documents.

A Transfer on Death Deed can be an important part of planning for the future and making your wishes known regarding your property.

Khan Paralegal and Notary is not an Attorney. We do not provide legal advice or attorney services. Document preparation and notary services are not a substitute for advice from a licensed California attorney. Every person’s property and estate-planning situation is different. Therefore, you should consult an attorney for legal advice about whether a Transfer on Death Deed is appropriate for you.

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