Calaveras County Affidavit of Surviving Spouse Form (California)
All Calaveras County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Spouse Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Calaveras County compliant document last validated/updated 10/9/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included Calaveras County compliant document last validated/updated 12/18/2024
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included Calaveras County compliant document last validated/updated 5/31/2024
The following California and Calaveras County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Spouse forms, the subject real estate must be physically located in Calaveras County. The executed documents should then be recorded in the following office:
Calaveras County Recorder
891 Mountain Ranch Rd, San Andreas, California 95249
Hours: M-F 8AM-4PM
Phone: (209) 754-6372
Local jurisdictions located in Calaveras County include:
- Altaville
- Angels Camp
- Arnold
- Avery
- Burson
- Campo Seco
- Copperopolis
- Douglas Flat
- Glencoe
- Hathaway Pines
- Mokelumne Hill
- Mountain Ranch
- Murphys
- Rail Road Flat
- San Andreas
- Sheep Ranch
- Vallecito
- Valley Springs
- Wallace
- West Point
- Wilseyville
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Calaveras County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Calaveras County using our eRecording service.
Are these forms guaranteed to be recordable in Calaveras County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Calaveras County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Surviving Spouse forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Calaveras County that you need to transfer you would only need to order our forms once for all of your properties in Calaveras County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Calaveras County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Calaveras County Affidavit of Surviving Spouse forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Transferring California Community Property to the Surviving Spouse
Section 100(a) of the California Probate Code states that when a married person dies, one-half of the couple's community property belongs to the surviving spouse and the other half stays in the decedent's name, ostensibly for probate distribution. For transfers occurring after July 1, 2001, California property owners gained the option to hold title as community property with the right of survivorship. By vesting this way, the remaining spouse acquires the deceased spouse's portion of the shared property without the need for probate (Cal Civ Code 682.1(a)).
The surviving spouse files an affidavit (a statement of facts, made under oath), along with an official copy of the death certificate, at the recording office for the county where the property is located. The content may vary depending on the circumstances, but it generally contains the names of both spouses, a formal legal description of the shared real estate, and the recording information for the deed transferring ownership to the couple, confirming their intention to hold title as community property. Note that the right of survivorship is not automatic with community property -- it must be written on the face of the deed. To alleviate any questions about the survivorship status, consider including an official copy of the recorded deed.
The affidavit should also confirm, among other things, that the co-owners were married when the decedent died, that there are no probate actions related to the property, and that the surviving spouse is submitting the affidavit to ensure clear title. A clear title is important because it makes future transactions involving the real estate less complicated.
Each case is unique, so contact an attorney with specific questions or for complex situations.
(California Affidavit of Surviving Spouse Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Calaveras County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Calaveras County Affidavit of Surviving Spouse form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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December 20th, 2024
The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.
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September 9th, 2020
I am a litigator based in Lee County that rarely needs to record deeds or mortgages. However, at times, the settlement or resolution of a dispute results in the conveyance of real property. I ended up in a situation where a deed to real property in Bradford County needed to be recorded on behalf of a client. My usual e-recording vendor does not include that County. Registering with Bradford County's regular e-recording vendor would have required an expensive and unnecessary annual fee.
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James S.
July 16th, 2019
The forms download was quick and easy. The example deed was excellent. However, the payment method should include PayPal, not just credit cards.
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Bernadette K.
February 17th, 2021
Your system is completely unfriendly to the user. There is no clear way, unless you are a lawyer, to go through the the process without making mistakes.
Very disappointed attempted user
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Michael S.
March 12th, 2021
Well designed easy to use system. Provided all instructions and updates required, as well as catching an extra form required by our county.
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August 5th, 2020
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Will try them again in the future, if need be.
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September 25th, 2020
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