Can you use a transfer-on-death deed in California?
Yes. In California, an owner of a parcel with one to four homes, or of a residential unit in a common interest development, may make a revocable transfer on death deed that is signed, dated, signed by two witnesses, notarized and recorded within 60 days after notarization, and it stays revocable until death. This is California’s revocable transfer on death deed. The part of the Probate Code that authorizes it is repealed on January 1, 2032 unless a later statute extends it, though a deed executed before then stays valid. The beneficiary must be named, the deed need not be delivered to or accepted by the beneficiary during the owner’s life, and it gives the beneficiary no rights until the owner dies. Agricultural land of more than 40 acres is excluded, and a revocation must be executed and recorded the same way as the deed. This is Cal. Prob. Code §§ 5600, 5610, 5614, 5620, 5622, 5624, 5626, 5630, 5632, 5650.
| What | California |
|---|---|
| Transfer-on-death deed | Allowed; witnessed, notarized, recorded within 60 days |
Source
Cal. Prob. Code §§ 5600, 5610, 5614, 5620, 5622, 5624, 5626, 5630, 5632, 5650
Read the statute in the California Codes (California Legislative Information): leginfo.legislature.ca.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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