If you live in California, you can use a transfer-on-death (TOD) deed to transfer ownership of your real estate when you die. A TOD deed also can keep your real estate out of probate. Before you use a TOD deed, you should understand how to properly sign and record it.
California requires TOD deeds to be signed by two adult witnesses. You should avoid using witnesses who are beneficiaries (recipients of the property) of the TOD deed. You technically can use beneficiaries as witnesses, but they will be presumed to have used fraud, menace, duress, or undue influence to get you to sign the TOD deed. This means that a court will find your TOD deed invalid and unenforceable unless the beneficiaries can prove they didn't trick or force you into signing the deed. (Cal. Prob. Code § 5625 (2024).)
To finalize a transfer on death deed in California, you must:
If you miss any one of these steps, the TOD deed won't be valid. (Cal. Prob. Code §§ 5624, 5625, 5626 (2024).)
Learn more about TOD deeds and avoiding probate in California.