Sacramento County Affidavit of Surviving Spouse Form (California)
All Sacramento 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 Sacramento County compliant document last validated/updated 7/26/2024
Affidavit of Surviving Spouse Guide
Line by line guide explaining every blank on the form.
Included Sacramento County compliant document last validated/updated 8/2/2024
Completed Example of the Affidavit of Surviving Spouse Document
Example of a properly completed form for reference.
Included Sacramento County compliant document last validated/updated 5/31/2024
The following California and Sacramento 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 Sacramento County. The executed documents should then be recorded in one of the following offices:
Clerk / Recorder-Main Office
3636 American River Drive, Suite 110, Sacramento, California 95864
Hours: Mon-Fri 8:00am - 5:00pm / Same-day Recording until 3:00pm
Phone: (916) 874-6334
County Service Center - South
8239 E Stockton Blvd, Suite A, Sacramento, California 95828
Hours: Mon-Fri 9:00am - 4:00pm / No same-day recording
Phone: (916) 874-6334
Local jurisdictions located in Sacramento County include:
- Antelope
- Carmichael
- Citrus Heights
- Courtland
- Elk Grove
- Elverta
- Fair Oaks
- Folsom
- Galt
- Herald
- Hood
- Isleton
- Mather
- Mcclellan
- North Highlands
- Orangevale
- Rancho Cordova
- Represa
- Rio Linda
- Ryde
- Sacramento
- Sloughhouse
- Walnut Grove
- Wilton
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 Sacramento 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 Sacramento County using our eRecording service.
Are these forms guaranteed to be recordable in Sacramento County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sacramento 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 Sacramento County that you need to transfer you would only need to order our forms once for all of your properties in Sacramento County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Sacramento 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 Sacramento 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 Sacramento 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 Sacramento 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.
4.8 out of 5 - ( 4377 Reviews )
Scott M.
August 21st, 2024
Complete Package rndon't spend good money for a title co. to do this
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Stephen B.
August 21st, 2024
This was the first time to use the Deeds.com website for preparing my deed document. This was painless and easy to follow the instructions and sample package for filling in the blank boxes document. The city clerk was impressed to review my document and easily filed my deed record without questions. I would recommend anyone to prepare a legal form that is available from the Deeds.com website.
Your appreciative words mean the world to us. Thank you.
Desiree R.
August 19th, 2024
very easy to use
We are delighted to have been of service. Thank you for the positive review!
Norbert C.
June 23rd, 2020
Great resource and everything went smoothly except email was performed through autofill prompted by the system but the autofill added a letter that gave wrong email. I can still sign in with wrong email since the system recognizes it as mine even though it is wrong. May be my fault and not the system since I did not catch the discrepancy in time. I would suggest a field that allows a correction to any misinformation prior to signing out from the initial sign on. Still think it is a great resource if all documents are processed and accepted by the pwers to be. Thanks.
Thank you!
Maria G.
April 4th, 2019
Very easy and fast. Couldnt ask for anything better.
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Kyle K.
May 3rd, 2022
Deeds is extremely helpful and cost effective for small and large businesses. Saves me time to do more valuable tasks.
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Carnell G.
September 26th, 2020
The basic setup was fine but, I need to review the document in its entirety for accuracy which I have yet to do so. So far so good. The monthly fee is more than I need for right now.
Thank you!
Michael G. S.
January 3rd, 2019
The process was quite easy, following the instructional guide. I have yet to find out if the deed was accepted, but your site was very user friendly.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Edward M.
November 4th, 2021
Thank you for your excellence form services. I can download all the forms easily. If you have the guide on how to fill out all of those forms, that more helpful for me. I don't know how the use E-Recording?
Can you tell me how? If my friends ask me about the legal forms services, I will tell them to use your Website. If I wrote some words wrong, please correct them before display publicly.
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Gary B.
March 30th, 2021
After spending $21 to obtain a Quit Claim Deed form, I realized that I was in over my head. There are a lot of legal considerations and I am not familiar enough with the legal terms and choices to feel confident doing it myself. I since hired a paralegal service to prepare my Quit Claim. I wish I knew the knowledge required before I purchased.
Glad to hear you sought the assistance of a legal professional familiar with your specific situation Gary. We always recommend this to anyone not completely sure of what they are doing.
NORA F.
May 19th, 2020
The guide was so helpful, really made filing out the form easy. Thanks!
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George D.
August 23rd, 2020
The TODD form has been notarized and registered with my county Register of Deeds office, so it works just fine.
My only quibble is that when I printed it out, it missed part of the last line of the notary's info and the fine print in the bottom corners. When I printed it at 90% scale, it included those things.
Thank you for your feedback. We really appreciate it. Have a great day!
Robert K.
August 1st, 2020
I used your TOD document to deed my home to my daughter. Your sample document was very helpful. I had to do it a few times but finally got it right. I didn't check but It was surely cheaper than a lawyer fee.
Thank you for your feedback. We really appreciate it. Have a great day!
Earline S.
December 24th, 2018
Total package. Very prompt with complete instructions & example to complete forms. If you don't want to hire a lawyer, this is pretty simple & will bypass probate.
Thank you, we really appreciate your feedback.
Debbie G.
February 2nd, 2019
Easy to use, I would recommend deeds.com. I would recommend visiting your county recorder before having document notarized. They will review document and make sure everything you need is on the deed, before having notarized.
Thank you Debbie. Have a fantastic day!