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The House That Skips Probate

Prob. Code 5626 — signed, two witnesses, notarized, and recorded within 60 days

In California, a revocable transfer on death deed makes a donative transfer of real property to a named beneficiary that operates on the transferor's death and remains revocable until then.

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The requirementThe statute's answer
The requirementSigned and datedThe statute's answerBy the transferor
The requirementWitnessesThe statute's answerTwo, present at the same time, who saw the signing or the transferor's acknowledgment of it
The requirementNotaryThe statute's answerAcknowledged before a notary public
The requirementRecordingThe statute's answerOn or before 60 days after the notary acknowledgment

No delivery needed. The transferor need not deliver the deed to the beneficiary during life, and the beneficiary need not accept it.

Nothing changes during life. Recording the deed does not affect the transferor's ownership; the transferor may sell or borrow against the property and creditors may reach it, and the beneficiary gets no right in it.

A later deed wins. If another revocable transfer on death deed is recorded for the same property, the later executed deed is the operative one and revokes the earlier.

At death. A beneficiary must survive the transferor; two or more take as tenants in common in equal shares. The property passes subject to recorded liens, encumbrances and leases, without a warranty of title.

The statutory form, the affidavit recorded after death and the beneficiary's liability for debts are not all on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed California attorney.

Sources for this section (6)
  1. Prob. Code 5626 — Recording deadline; no delivery or acceptance required
  2. Prob. Code 5614 — Revocable transfer on death deed defined
  3. Prob. Code 5624 — Signed, dated, witnessed and acknowledged
  4. Prob. Code 5628 — Later executed deed is the operative instrument
  5. Prob. Code 5650 — Effect during the transferor's life
  6. Prob. Code 5652 — Effect at the transferor's death

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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