Clear Money Guide
What this guide covers
A quick view of the questions and evidence developed below.
Guides › Transfer-on-Death Deeds
Updated July 31, 2026. Quick answer: California authorizes revocable transfer-on-death deeds (Prob. Code §§5600–5696) — with a fact almost no article mentions: the entire statute sunsets January 1, 2032 unless the legislature extends it again. Deeds executed before a repeal would survive, but a plan that assumes the tool exists forever is leaning on a law with an expiration date that has already been pushed once.
The California specifics that matter
It applies to deaths on or after January 1, 2016, whenever the deed was recorded. Execution formalities are stricter than the early years — the statute has been amended over its life, so use the current statutory form rather than an old template, and record within the statutory window after signing. The 60-day post-death contest exposure and lender caution are the practical frictions: California title practice treats fresh TOD transfers carefully, which argues for recording the deed years early, while capacity is beyond question.
What it saves is bigger here than anywhere: California’s statutory fees run on the gross PROBATE estate, so a $800,000 house passing by deed avoids being the base for executor compensation under §10800 and the matching attorney schedule — the full California probate cost picture. Every state: the verified table.
While California’s statute is in force
California’s transfer on death deed is available now, under an authorising statute currently set to sunset in 2032, so a deed recorded today is executed on the terms above. LawDepot builds one; recording it with the county is what makes it effective.
Create a transfer on death deed
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.