San Benito County Transfer on Death Affidavit Form (California)

All San Benito County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Affidavit Form

San Benito County Transfer on Death Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included San Benito County compliant document last validated/updated 11/14/2024

Transfer on Death Affidavit Guide

San Benito County Transfer on Death Affidavit Guide

Line by line guide explaining every blank on the form.
Included San Benito County compliant document last validated/updated 9/30/2024

Completed Example of the Transfer on Death Affidavit Document

San Benito County Completed Example of the Transfer on Death Affidavit Document

Example of a properly completed form for reference.
Included San Benito County compliant document last validated/updated 9/3/2024

When using these Transfer on Death Affidavit forms, the subject real estate must be physically located in San Benito County. The executed documents should then be recorded in the following office:

County Clerk - Auditor - Recorder

440 5th St, Rm 206, Hollister, California 95023-3843

Hours: 8:00 to 5:00 M-F / Recording: 9:15 to 4:00

Phone: (831) 636-4046

Local jurisdictions located in San Benito County include:

  • Hollister
  • Paicines
  • San Juan Bautista
  • Tres Pinos

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 Benito 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 Benito County using our eRecording service.
Are these forms guaranteed to be recordable in San Benito County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Benito County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Affidavit 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 Benito County that you need to transfer you would only need to order our forms once for all of your properties in San Benito County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by California or San Benito 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 Benito County Transfer on Death Affidavit 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.

Using an Affidavit of Death to Claim Real Estate from a California Transfer on Death Deed

Transfer on death deeds allow individual landowners to transfer their real estate when they die, without a will or the need for probate distribution. The transferor simply executes a TODD form, then records it during the course of his/her natural life, and within 60 days of the signing date (5626(a)). Unlike grant deeds or quitclaim deeds, the owner continues to hold title to the property when a transfer on death deed is recorded (5650). As such, TODDs are exempt from transfer taxes and the Preliminary Change of Ownership Report (PCOR).

What happens, then, when the owner dies? Section 5680 defines the process for switching the title over to the beneficiary. The beneficiary may establish the fact of the transferor's death under the procedure provided in California Probate Code Chapter 2 (commencing with Section 210) of Part 4 of Division 2. The first step is obtaining a certified copy of the death certificate. Then research the recording information from the transfer on death deed identifying the beneficiary. Complete an affidavit of death and sign it in front of a notary. Finally, file the affidavit, along with the copy of the death certificate, in the recording office for the county where the property is situated. Note that this act transfers title to the beneficiary, so it also requires the PCOR and any associated taxes and fees.

Beneficiaries take title to the property under the rules set out at section 5652. Be aware that any associated debts, obligations, or agreements in place when the owner died follow the real estate to the beneficiaries. In addition, the title transfers without warranty, so the beneficiaries might find themselves liable for future claims against the property. For these reasons, among others, some beneficiaries might wish to disclaim the gift (5652(a)(1)).

In general, transferring title to the beneficiary of a transfer on death deed is a simple process. Even so, complications may arise. Contact an attorney for complex situations or with any questions.

(California Transfer on Death Affidavit Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the San Benito 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 Benito County Transfer on Death Affidavit 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 - ( 4447 Reviews )

Edward E.

December 22nd, 2024

Easy to use.

Reply from Staff

Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!

MARISSA G.

December 22nd, 2024

I recomemed this webside

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Dennis F.

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.

Reply from Staff

Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.

JJ G.

September 18th, 2020

Was very easy and helpful. No going down to the courthouse

Reply from Staff

Thank you!

Sally Ann C.

November 16th, 2019

Thank you for your service. It seems to have worked, I printed a document purporting to be the Deed I needed. I was somewhat disappointed though - I was expecting something as impressive as the Title Search, which goes back to 1828 and includes Millard Fillmore, admittedly not one of our most celebrated Presidents. But I am happy to have what I have, and thank you again!

peace -

SAVC

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Peter R.

February 26th, 2020

Great site makes this procedure easy to do,thanks

Reply from Staff

Thank you!

James C.

December 28th, 2021

Worked well.

Reply from Staff

Thank you!

Rebecca M.

December 22nd, 2023

I found the process of uploading documentation / deeds simple and easy. Will use this service again!

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

FELISA J.

December 18th, 2019

I liked the ease of locating the document I needed and the sample document was extremely helpful. I would have liked the acknowledgement to be on the same page as the rest of the document. It costs for each page recorded.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

William P.

June 11th, 2019

Good timely service. Returned my fee on a document that could not be located.

Reply from Staff

Thank you!

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jennifer C.

January 8th, 2021

Fast turnaround. Very much appreciated!

Reply from Staff

Thank you!

Juanita G.

June 2nd, 2023

This was so easy to use, quick turnaround and I will continue to use this service. Thank you!

Reply from Staff

Thanks you Juanita for taking the time to leave your feedback. We really appreciate it. Have a fantastic day!

David K.

August 9th, 2021

My 1st trip to your site. I give it a full 5-star rating!
Thank you. I'll be back.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Patricia C.

December 29th, 2021

Deeds.com saved me time and research by offering a beneficiary deed and full instructions for filling it out. My home will now pass directly to my only son without probate. This form and other complimentary forms was an excellent value.



Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!