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Transfer on Death Deed Laws in California

California allows revocable transfer on death deeds under Probate Code 5600 and following, and the deed must be recorded within 60 days after it is notarized.

Last checked . General information, not legal advice.

California at a glance

TOD deed allowed
Yes
The law currently runs until January 1, 2032, unless extended.
Recording rule
Within 60 days after notarization
The deed is not effective unless recorded on or before 60 days after it was acknowledged before a notary.

Sources

Last checked

The rules in California

Does California allow transfer on death deeds for real estate?

Yes. TOD deed allowed in California: yes. The law currently runs until January 1, 2032, unless extended.

When must a transfer on death deed be recorded in California?

Recording rule in California: Within 60 days after notarization. The deed is not effective unless recorded on or before 60 days after it was acknowledged before a notary.

Where do the California transfer on death deed laws come from?

The rules above come from Cal. Prob. Code 5600 and Cal. Prob. Code 5626. Each source is linked on this page. We last checked them in October 2026.

Good to know

The statute applies to transferors who die on or after January 1, 2016, and is set to sunset on January 1, 2032, unless the legislature extends it.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.