California Transfer on Death Deed: Current Rules and How to Use It (2026)

· Published on

For many Californians, the family home is the single asset most likely to force the estate into probate. The revocable transfer on death deed, often called a TOD deed or beneficiary deed, is a simple tool designed to solve exactly that problem: it lets you name who inherits your home and passes it to them at your death without a probate case, while you keep full ownership and control during your life.

This guide confirms the current status of the law, explains the signing rules tightened in 2022, and walks through how to record, revoke, and use a TOD deed, along with its important limits.

Current status: in effect through January 1, 2032

California first authorized the revocable transfer on death deed in 2016. The law was set to sunset, but the Legislature extended and revised it. Under the current statute, the TOD deed remains available and operates through January 1, 2032, unless the Legislature extends it again.1 Importantly, a deed validly made and recorded before that sunset date stays effective even if the underlying authorizing law later lapses. So as of 2026, the TOD deed is a live, usable option.4

The 2022 changes: two witnesses and stricter rules

When the Legislature revised the law effective January 1, 2022, it added safeguards against fraud and elder abuse. The most significant change is that a TOD deed must now be signed in front of two disinterested adult witnesses as well as acknowledged before a notary public.4 The witnesses must sign the deed, and a beneficiary who is also a witness may face a presumption of wrongdoing. The revision also added a duty to give notice to the beneficiaries after recording. If you are using a form created before 2022, do not rely on it; use the current version that includes the witness block.

What a valid 2026 TOD deed requires: it must identify the property and the named beneficiary, be signed and dated by you, be signed by two disinterested witnesses, be acknowledged before a notary public, and be recorded with the county recorder within 60 days of the date you signed it. Miss the 60-day recording window and the deed is void.

How to record a TOD deed

After signing before your witnesses and a notary, you must record the deed with the county recorder in the county where the property sits, and you must do so within 60 days of signing.6 Recording is what makes the deed effective; an unrecorded TOD deed does nothing. The deed only transfers the property at your death, so during your lifetime you keep the right to live in, sell, mortgage, or give away the home, and the named beneficiary has no rights until you die.

How to revoke a TOD deed

A TOD deed is fully revocable. California gives you three ways to undo one: record a formal revocation form, record a new TOD deed naming a different beneficiary (the later recorded deed controls), or transfer the property to someone else during your life so there is nothing left to pass.3 Note that simply naming a beneficiary in your will does not revoke a recorded TOD deed. To change your plan, you must record the proper document.

A TOD deed can override your will. Because the deed passes the property outside probate, it takes priority over what your will says about that same home. If you record a TOD deed and later change your mind in your will, the recorded deed still controls unless you formally revoke it. Keep your deed and your will consistent.

Limits and drawbacks to know

  • Residential property only. The TOD deed is limited to certain residential real property, such as a home with up to four units, a condominium, or an agricultural parcel of 40 acres or less with a single-family home.
  • No contingency planning. If your named beneficiary dies before you, the deed can fail, and unlike a trust it has limited ability to name backups or handle minors.
  • Co-owner issues. If the home is held in joint tenancy, the survivorship right generally takes priority, which can defeat a TOD deed.
  • Creditor claims. The property can remain reachable by the estate's creditors for a period after death.

For a home with a straightforward ownership picture and one clear beneficiary, a TOD deed is a low-cost way to avoid probate. For anything more complex, a revocable living trust usually offers more flexibility. Our guide on the California living trust compares the two, and our overview of how to avoid probate in California puts the TOD deed alongside the other tools.

You still need a will

A TOD deed handles one asset: your home. It does not name guardians for minor children, and it does not direct your other property. That is why a TOD deed should sit alongside a valid will, not replace it. Our guide on how to write a will in California covers the essentials, and you can create your document with our California will builder.

Frequently Asked Questions

Is the California transfer on death deed still valid in 2026? Yes. The law is in effect and operates through January 1, 2032, unless extended again. Deeds recorded before then remain valid.

Does a TOD deed need witnesses in California? Yes. Since January 1, 2022, a TOD deed must be signed by two disinterested witnesses and acknowledged before a notary, then recorded within 60 days.

Can I revoke a TOD deed? Yes. Record a revocation form, record a new TOD deed, or transfer the property during your life. A will alone does not revoke it.

What property can a TOD deed transfer? Only certain residential real property, such as a one-to-four-unit home, a condominium, or a small agricultural parcel with a single-family residence.

Sources

  1. 1California Probate Code Section 5600 (transfer on death deed; sunset) (leginfo.legislature.ca.gov)
  2. 2California Probate Code Section 5624 (signing and notarization) (leginfo.legislature.ca.gov)
  3. 3California Probate Code Section 5642 (revocation of TOD deed) (leginfo.legislature.ca.gov)
  4. 4California SB 315 (2021): TOD deed extension and two-witness requirement (leginfo.legislature.ca.gov)
  5. 5Sacramento County Public Law Library: California's Transfer on Death Deed (saclaw.org)
  6. 6California Probate Code Section 5626 (recording within 60 days) (leginfo.legislature.ca.gov)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for California Will Template. He gathers the rules from the California statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

Your personal draft will in 15 minutes

Answer a few simple questions and get a draft tailored to your situation, instantly as PDF, Word and OpenOffice.

Create your will now

Personalized · Legally sound · Download instantly

Frequently asked questions

Yes, if you finish it correctly. California Probate Code Section 6111 recognizes a holographic will, which is one where your signature and all of the material provisions (the parts that say who gets what) are in your own handwriting. No witnesses are required. Our service gives you a clean, California-specific draft. To make it valid you copy the operative wording out by hand, then sign it. We strongly recommend you also date it, because Section 6111(b) allows an undated holographic will to be challenged if it conflicts with another will and the order cannot be established.

Because that is exactly what makes a holographic will valid under California law. Section 6111 requires that the material provisions and your signature be in your own handwriting. A printed or typed document that you only sign is not a valid holographic will in California and would need witnesses to qualify as a formal will. We give you the full text and a clear guide, so you simply transcribe the substantive parts (names, gifts, executor) in your own hand, sign, and date it.

California has no forced heirship, so you are generally free to decide who inherits. Two protections still apply. California is a community property state, so your surviving spouse already owns one half of the community property regardless of your will. Separately, the omitted spouse and omitted child rules (Probate Code Sections 21610 to 21612) protect a spouse you married, or a child born or adopted, after you signed the will: they may still take a share unless your will shows the omission was intentional. If you truly want to leave someone out, say so clearly in the will.

Keep the original signed handwritten document somewhere safe, such as a fireproof home safe or a bank safe deposit box, and make sure the person you name as executor knows where it is and can reach it. California has no statewide registry for holographic wills. If you prefer an official option, you may lodge the original with the clerk of the superior court in your county for safekeeping during your lifetime. Do not staple, alter, or mark the original after you sign it.

We do not recommend a single joint document. A California holographic will must be in the testator's own handwriting, and one page written by two people creates confusion about whose words are whose and complicates changes later. The clean approach is two separate mirror wills, one written and signed entirely by each spouse, that reflect the same wishes. Our tool produces an individual draft for each of you so you can each write and sign your own.

Yes. You can revise your California will whenever your circumstances change, for example after a marriage, a divorce, a birth, or a move. The safest method is to write a fresh holographic will that revokes all previous wills, then copy it out by hand, sign it, and date it. Dating matters here: if two handwritten wills conflict and one is undated, Section 6111(b) can make the undated one invalid. Destroy the old original once the new one is signed.

No. This service helps you create a valid holographic will for straightforward situations, but it is not legal advice and does not replace an attorney. If your estate is large, you own a business, you have blended family issues, property in more than one state, minor children needing guardianship planning, or you expect a dispute, consult a California estate planning attorney. For many people with simple wishes, a properly handwritten, signed, and dated will is a solid starting point.

CCPA compliant

Your data is handled in line with California's CCPA and CPRA privacy rules

Encrypted

Your information is transmitted and stored securely

Support

Real help by email if you have questions about your draft

Legally sound

Built on current California law