San Benito County Transfer on Death Deed Form (California)
All San Benito County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Deed Form
![San Benito County Transfer on Death Deed Form](https://www.deeds.com/forms/california/transfer-on-death-deed/1686229751F57985_sample.png)
Fill in the blank form formatted to comply with all recording and content requirements.
Included San Benito County compliant document last validated/updated 6/4/2024
Transfer on Death Deed Guide
![San Benito County Transfer on Death Deed Guide](https://www.deeds.com/forms/california/transfer-on-death-deed/1677179984F44276_sample.png)
Line by line guide explaining every blank on the form.
Included San Benito County compliant document last validated/updated 6/14/2024
Completed Example of the Transfer on Death Deed Document
![San Benito County Completed Example of the Transfer on Death Deed Document](https://www.deeds.com/forms/california/transfer-on-death-deed/1641569865F23396_sample.png)
Example of a properly completed form for reference.
Included San Benito County compliant document last validated/updated 5/8/2024
Notice of Revocable Transfer on Death Deed
![San Benito County Notice of Revocable Transfer on Death Deed](https://www.deeds.com/forms/california/transfer-on-death-deed/1677176571F85745_sample.png)
Provide this form to your beneficiary(s).
Included San Benito County compliant document last validated/updated 6/17/2024
The following California and San Benito County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed 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 Deed 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 Deed 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.
Use this form to transfer real estate at death, but outside of a will and without the need for probate distribution. Execute the TODD form, then record it during the course of your life, and within 60 days of the signing date (5626(a)). Note that unlike grant deeds or quitclaim deeds, there is no change in ownership when transfer on death deeds are recorded (5650), so they are exempt from transfer taxes and the Preliminary Change of Ownership Report (PCOR).
Section 5650 explains that while you are alive, you retain absolute ownership of and control over your property. You may sell, mortgage, rent, or otherwise use the real estate in any lawful manner, without input from or notice to the beneficiaries, or even modify or revoke the future transfer.
Be aware, too, that the TODD is NOT affected by provisions in your will (5642(b)). Best practices dictate that any change to an estate plan initiates a review of the whole thing, so to reduce the chance for conflict, ensure that the transfer on death deed reinforces the will and other related documents.
Beneficiaries take title to the property under the rules set out at section 5652. Any associated debts, obligations, or agreements in place when you die 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)).
As it stands, California's transfer on death deed is not valid for real estate held in joint tenancy or as community property with right of survivorship (5664).
5624. A revocable transfer on death deed is not effective unless all of the following conditions are satisfied:
(a) The deed is signed by the transferor and dated.
(b) The deed is signed by two witnesses who were present at the same time and who witnessed either the signing of the deed or the transferor's acknowledgment that the transferor had signed the deed.
(c) The deed is acknowledged before a notary public.
SEC. 10. Section 5625 is added to the Probate Code, to read:
5625. (a) Any person generally competent to be a witness may act as a witness to a revocable transfer on death deed.
(b) A revocable transfer on death deed is not invalid because it is signed by an interested witness.
(c) If a beneficiary of a revocable transfer on death deed is also a subscribing witness, there is a presumption that the witness procured the revocable transfer on death deed by duress, menace, fraud, or undue influence. This presumption is a presumption affecting the burden of proof. This presumption does not apply where the witness is named as beneficiary solely in a fiduciary capacity.
Overall, the Simple Revocable Transfer on Death Deed offers a convenient, flexible option to consider as part of an overall estate plan. Even so, they may not be appropriate in all cases. Contact an attorney for complex situations or with any questions.
Included NOTICE OF REVOCABLE TRANSFER ON DEATH DEED Form
5681. (a) After the death of the transferor, the beneficiary of a revocable transfer on death deed shall serve notice on the transferor's heirs, along with a copy of the revocable transfer on death deed and a copy of the transferor's death certificate. (b) The notice required by subdivision (a) shall be in substantially the following form:
(California Transfer on Death Deed 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.
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Get your San Benito County Transfer on Death Deed 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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January 12th, 2019
This service gave me the information and guide I needed to file a Quitclaim Deed. I went through the process with no problems at all.
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May 29th, 2020
Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
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March 11th, 2022
this online service worked efficiently and as quickly as the registry allowed it to record new deeds. Thank you for providing services
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June 28th, 2022
Very easy to use. Had my Transfer of Death Designation Affidavit done in no time and filed with the Recorder's Office the next day.
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