Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in California
Whether California lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in California
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| Statutory form required | The deed must substantially follow the state revocable transfer-on-death deed form (Prob. Code §5642). A freeform deed will not qualify. |
| Notarized | The deed must be signed and acknowledged before a notary public to be valid. |
| Recorded within 60 days | The deed must be recorded in the county recorder’s office within 60 days of being signed and notarized (§5626), and before the owner’s death, or it is void. |
| Residential property only | It applies to specified residential property, broadly one to four dwelling units, a condo unit, or small agricultural parcels with a single-family home (§5610), not general commercial property. |
| Key details and exceptions | What it means |
|---|---|
| Fully revocable | The owner keeps full ownership and may sell, mortgage, or revoke at any time before death, using a signed, notarized, recorded revocation form (§5644). |
| Deeds survive the sunset | The statute confirms that a deed executed before the January 1, 2032 repeal remains valid and revocable. The sunset stops new deeds, not existing ones. |
| Medi-Cal estate recovery | Property passing by this deed can still be reached by Medi-Cal estate recovery, which reaches assets that pass outside probate. The deed does not by itself shield the home from recovery. |
| Creditor claim window | Beneficiaries take the property subject to the owner’s debts, and California gives creditors a window, commonly stated as up to three years, to reach the transferred property. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in California. This is legal information, not legal advice.
- Use the official state form
California requires the statutory revocable transfer-on-death deed form. Start from the state form, not a generic template, or the deed will not qualify.
- Notarize and record within 60 days
Sign before a notary, then record the deed with the county recorder within 60 days and before death. A late or unrecorded deed is void.
- Note the 2032 sunset
The statute repeals itself on January 1, 2032 unless extended. A deed you record before then stays valid, but confirm the law is still in force when you act.
- Talk to a California estate attorney about Medi-Cal
This deed does not automatically shield the home from Medi-Cal estate recovery. A licensed California estate attorney can weigh it against a trust. The State Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ State Bar of California — Need Legal HelpThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about California TOD deeds
California lets you pass a home to a beneficiary without probate using a revocable transfer-on-death deed, but the details are strict and there is a clock on the whole statute. The deed must follow the official state form under Probate Code §5642, be notarized, and be recorded within 60 days of signing and before you die, or it is void. It covers residential property, roughly one to four units, a condo, or a small agricultural parcel with a home, not commercial buildings. You keep full control during life and can sell or revoke at any time. Two cautions matter. First, the statute has a sunset: it repeals itself on January 1, 2032 unless the Legislature extends it again, though a deed recorded before then stays valid. Second, the deed does not shield the home from Medi-Cal estate recovery, which can reach assets passing outside probate. If Medi-Cal is a concern, compare the deed to a living trust before relying on it.
Common questions
Can I use a transfer-on-death deed in California?
Yes. California allows a revocable transfer-on-death deed for residential property under Probate Code §5600 and following. It must use the state form, be notarized, and be recorded within 60 days and before death.
Does the California TOD deed expire?
The statute does. It repeals itself on January 1, 2032 unless the Legislature extends it again. A deed you record before that date stays valid and revocable even if the law lapses.
Does a California TOD deed protect my home from Medi-Cal?
Not by itself. Medi-Cal estate recovery can reach assets that pass outside probate, so a transfer-on-death deed does not automatically shield the home. Compare it to a trust with an estate attorney.
What happens if I do not record the deed in time?
It is void. California requires the deed to be recorded within 60 days of signing and before your death. A deed recorded late, or after death, has no effect.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.