San Diego County Affidavit of Surviving Spouse Form (California)
All San Diego 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 San Diego 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 San Diego 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 San Diego County compliant document last validated/updated 5/31/2024
The following California and San Diego 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 San Diego County. The executed documents should then be recorded in one of the following offices:
San Diego Clerk/Recorder Main Office
County Administration Center - 1600 Pacific Highway, Suite 260, San Diego, California 92101
Hours: Monday to Friday 8:00am - 5:00pm
Phone: (619) 236-3771, 238-8158; (760) 630-1219 North County
Mail to: San Diego Assessor/Recorder/Clerk
P.O. Box 121750, San Diego, California 92112-1750
Hours: N/A
Phone: mailing address
El Cajon Branch Office
200 S Magnolia Ave, El Cajon, California 92020
Hours: Monday through Friday 8:00am - 5:00pm
Phone: (619) 238-8158 or (619) 236-3771 Assessor
San Marcos Branch Office
141 E Carmel St, San Marcos, California 92078
Hours: Monday through Friday 8:00am - 5:00pm
Phone: (619) 238-8158 or (760) 630-1219 North County
Chula Vista Branch Office
590 3rd Ave., Chula Vista, California 91910
Hours: 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays.
Phone: (619) 238-8158
Local jurisdictions located in San Diego County include:
- Alpine
- Bonita
- Bonsall
- Borrego Springs
- Boulevard
- Camp Pendleton
- Campo
- Cardiff By The Sea
- Carlsbad
- Chula Vista
- Coronado
- Del Mar
- Descanso
- Dulzura
- El Cajon
- Encinitas
- Escondido
- Fallbrook
- Guatay
- Imperial Beach
- Jacumba
- Jamul
- Julian
- La Jolla
- La Mesa
- Lakeside
- Lemon Grove
- Lincoln Acres
- Mount Laguna
- National City
- Oceanside
- Pala
- Palomar Mountain
- Pauma Valley
- Pine Valley
- Potrero
- Poway
- Ramona
- Ranchita
- Rancho Santa Fe
- San Diego
- San Luis Rey
- San Marcos
- San Ysidro
- Santa Ysabel
- Santee
- Solana Beach
- Spring Valley
- Tecate
- Valley Center
- Vista
- Warner Springs
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 San Diego 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 San Diego County using our eRecording service.
Are these forms guaranteed to be recordable in San Diego County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Diego 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 San Diego County that you need to transfer you would only need to order our forms once for all of your properties in San Diego County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or San Diego 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 San Diego 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 San Diego 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 San Diego 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 - ( 4434 Reviews )
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.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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Mary L.
February 6th, 2021
Great site. Very easy to use.
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Julie R.
December 16th, 2020
Seamless and prompt service.
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Scott G.
June 4th, 2024
Frankly, if our tax dollars were being used to run government "services" correctly, we wouldn't need Deeds.comrnrnSince the sun will burn out before government is run correctly, Deeds.com provides an important, efficient, time-saving service that, all things considered, offers big savings over time-and-soul-draining struggles with government agencies.
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Linda D.
April 27th, 2019
It was quick & easy so thank you!
Thank you Linda.
Denise S.
September 5th, 2019
Took all the guesswork out of what we were trying to accomplish, and gave us peace of mind that we would have the correct documents.
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Tracey T.
January 20th, 2022
I downloaded the Lady Bird deed. The process was quick and easy to download. Just select your county, fill out the form. You will need the property description from your original deed. In my case I had to go downtown Wayne County (Detroit). (Make an appt online). 1st you will have to get the property tax certified to ensure all taxes are paid to date (5th floor at the Wayne County Treasurer office). Give them the form you just filled out and they will stamp certified $5. After that take the form to the Register of Deeds (7th floor) appt needed. $18. Make sure it is properly notarized and all signatures completed. Once approved, they will scan it, stamp it, give it back with a receipt and mail a copy also. All Done. Worked beautifully. My co worker go a lawyer and paid over $250. I just used deeds.com and total for forms and going downtown with notarizing was less than $40 Yea!
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Barry N.
February 14th, 2019
The form was straight forward and very easy to complete. It took me less than 15 minutes to complete. Make sure you have the "current deed' available' when completing the form.
Thank you for your feedback Barry. Have a fantastic day!
Noble Mikhail F.
October 2nd, 2020
The system is wonderful, and makes recording and searching simple, thanks a lot
Thank you!
Sheila G.
September 11th, 2019
I was very pleased with the responses and quick access to info.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
MIchelle S.
June 18th, 2021
You had the generic document that I was looking for Yay!
The "example" page was helpful and reassuring.
The auto input sections of my document looked ok until i printed it and then it appeared to be out of alignment which is why my rating is lowered to 4 stars
it would be nice to have the ability to correct the title (created by me) when downloading PDFs for an e-filing
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MARK S.
February 28th, 2020
I filed my beneficiary deed today and it went off without a hitch. I really appreciated the guidelines and the example that came with the form
The guide lines cleared up some questions I had regarding tenancy by the entirety which I had been trying to figure out.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Patricia W.
December 16th, 2019
Easy to use with the itemized instruction.
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