Affidavit of Death Preparation in California

The law says that when a death affects title to real property, anyone may record an affidavit of death in the county where the property is located. It must be signed by a person who knows the facts, describe the property, and attach a certified copy of the death record.

At the county recorder in the county where the property is located. Once recorded, the law treats it as evidence of the death for property in that county. We prepare the document.

An affidavit is sworn, so it is signed before a notary. The county recorders' forms for joint tenants and trustees follow that practice.

A death can be a change in ownership for property tax purposes. Some transfers between co-owners are not reassessed when specific conditions are met. Whether that applies to you is a question for the county assessor, since we cannot give tax advice.

Not quite: an affidavit of death of trustee is the trust version, prepared when the trustee of a trust has died. It lists the trust's date and trustors, the recorded deed's date and instrument number, and the legal description. We prepare it from the trust and deed details you provide.