San Benito County Transfer on Death Revocation Form (California)
All San Benito County specific forms and documents listed below are included in your immediate download package:
Revocation of Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included San Benito County compliant document last validated/updated 9/13/2024
Revocation of Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.
Included San Benito County compliant document last validated/updated 6/4/2024
Completed Example of the Revocation of Transfer on Death Deed Document
Example of a properly completed form for reference.
Included San Benito County compliant document last validated/updated 10/22/2024
The following California and San Benito County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Revocation 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 Revocation 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 Revocation 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.
Revoking a Transfer on Death Deed in California
Transfer on death deeds allow individual landowners to transfer their real estate when they die, but outside of a will and without the need for probate. 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, however, there is no change in ownership when a transfer on death deed is recorded (5650).
As with transfer on death deeds, any change or revocation must be recorded DURING THE TRANSFEROR'S LIFE or it will be void.
Revocability is one of the unique features of transfer on death deeds. By retaining title to the property, it's easier for the transferor to respond to changes in circumstances or intentions. There are three ways to revoke a recorded TODD: transfer the real estate outright (in other words, use a standard deed, such as a grant or quitclaim deed, to convey the title away from the transferor); execute and record a new TODD, which automatically supersedes the previous document; or execute and record an instrument of revocation (5628-5632, 5660(c)).
While the statute allows three options for revocation, to maintain a clear title, it makes sense to record an instrument of revocation before either of the other two options. This provides a clear endpoint to the beneficiary's potential future interest, which reduces the chances for future claims against the title. Once the revocation is in place, the transferor may sell or redirect the property without worrying about the prior TODD.
Be aware, too, that the TODD is NOT affected by provisions in the owner's 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, make sure that the transfer on death deed, as well as any modifications or revocations, reinforces the will and other related documents.
Revoking a recorded transfer on death deed is a fairly simple process. Even so, it may not be appropriate in all cases. Contact an attorney for complex situations or with any questions.
Effective January 1, 2022 by California Senate Bill 315
A Revocation of a Revocable Transfer on Death Deed shall be signed by two persons who are both present at the same time and who witness you either signing the form or acknowledging the form. Then NOTARIZE your signature (witness signatures do not need to be notarized). RECORD the form in the county where the property is located.
(California Transfer on Death Revocation 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 Revocation 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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