Modoc County Affidavit of Surviving Spouse Form (California)
All Modoc 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 Modoc 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 Modoc County compliant document last validated/updated 11/19/2024
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included Modoc County compliant document last validated/updated 5/31/2024
The following California and Modoc 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 Modoc County. The executed documents should then be recorded in the following office:
Modoc County Recorder
204 S Court St, Rm 106, Alturas, California 96101
Hours: Mon - Fri 8:30 - 12:00, 1:00 - 5:00
Phone: (530) 233-6217
Local jurisdictions located in Modoc County include:
- Adin
- Alturas
- Canby
- Cedarville
- Davis Creek
- Eagleville
- Fort Bidwell
- Lake City
- Likely
- Lookout
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 Modoc 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 Modoc County using our eRecording service.
Are these forms guaranteed to be recordable in Modoc County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Modoc 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 Modoc County that you need to transfer you would only need to order our forms once for all of your properties in Modoc County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Modoc 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 Modoc 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 Modoc 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 Modoc 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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Zennell W.
November 24th, 2024
Quick fast and easy transaction.
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James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Robin M.
November 22nd, 2019
Thank you for your services...Attny office quoted a very large fee for the "TOD DEED" process, so this is very helpful that I am able to take care of this myself. If I would have researched your link sooner, I could have saved my Dad a lot of money for the "SURVIVORSHIP DEED". Thanks again & have a wonderful day:)
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Dave M.
March 10th, 2020
Service as needed.
A bit expensive.
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Carolyn R.
May 21st, 2020
Definitely 5 stars. Everything was taken care of well within 24 hours. If our law firm needs to record a single document in a different county again, we will use your service. Thanks!
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Julian H.
January 6th, 2023
I had no issues downloading the template. The price was reasonable and the document was compliant with the law for Alabama Mechanics Liens, which saved me some time and effort. Nice aide. Thanks!
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SAMANTHA P.
September 19th, 2021
Very easy very clear very informative of direct information stating the obvious and the underlining of both contexts. Right place for the right Tools to establish ,verify ,correct then guidance for not only myself, but for our legacy that should and will be live on to be know. Thank you deeds.com!
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Roy T.
April 3rd, 2020
Thank you for an easy to use system. I was able to find all the information I needed.
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Robert P.
May 22nd, 2022
Easy to use. Documents as stated.
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James D.
January 2nd, 2019
good product, but would prefer an editable document, such as word
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Karen M.
June 16th, 2020
Nicely Done - Blank Deeds, Guidelines, examples, etc. Thank you as a former paralegal, I am impressed.
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Don R.
January 26th, 2022
From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee?
Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.
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Susan N.
July 29th, 2020
Very easy to use and I received the information in a timely manner. I will use this service again.
Thank you!
Jason R.
April 28th, 2020
Very easy to use. Great examples.
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