As a California real estate attorney with over 12 years of experience drafting and recording transfer on death deeds, I’ve helped hundreds of homeowners avoid probate while keeping full control of their property during their lifetime. The California revocable transfer on death deed (commonly called a TOD deed) remains one of the simplest and most cost-effective estate planning tools available to California residents since it became law in 2016 under Probate Code §§ 5600-5698.
In this comprehensive guide, I’ll explain exactly how the California transfer on death deed works in 2025, who can use it, the current requirements, common mistakes to avoid, and — most importantly — provide you with a free, attorney-drafted California TOD deed form PDF that complies with the latest statutory rules.
A revocable transfer on death deed is a special type of deed that allows you to name one or more beneficiaries who will automatically receive your real property when you pass away — without going through probate court. Unlike a traditional deed or will, the transfer happens instantly upon recording the death certificate with the county recorder.
Key advantages of a transfer on death deed California residents love:
According to the California Law Revision Commission and Probate Code § 5620 (as amended), you can execute a CA transfer on death deed if:
Source: IRS.gov (for federal tax implications) and California Probate Code §§ 5600–5698.
Click below to download my updated-for-2025 California revocable transfer on death deed form that I personally use with clients. This template includes the mandatory statutory wording required by Probate Code § 5642 and the new 2025 preliminary change of ownership report language.
Download Free California TOD Deed Form 2025 (PDF)
This transfer on death deed California PDF is fillable, includes notarization page, revocation form, and recording instructions for all 58 counties (including Los Angeles, Orange, San Diego, Riverside, and San Francisco).
| County | First Page | Each Additional | PCOR Fee |
|---|---|---|---|
| Los Angeles | $89 | $3 | $20 if not included |
| Orange County | $87 | $3 | Separate form required |
| San Diego | $92 | $3 | No separate fee |
| Sacramento | $86 | $3 | Included |
Revocation is simple and can be done anytime by recording a signed, notarized Revocation of Revocable Transfer on Death Deed (statutory form in Probate Code § 5650). You can also revoke by recording a new TOD deed or selling the property.
Pro tip from my practice: Always record the revocation the same day you sign it — I’ve seen too many cases where an unrecorded revocation caused probate nightmares.
In my 12+ years, these are the top errors that cause recorders to reject transfer on death deed California forms:
| Factor | TOD Deed | Living Trust |
|---|---|---|
| Cost | Free–$500 | $2,000–$5,000 |
| Probate avoidance | Yes (for real estate only) | Yes (all assets) |
| Privacy | Public record | Private |
| Multiple properties | One deed per property | One trust covers all |
| Medicaid recovery risk | Subject to recovery | Usually protected |
Most of my clients use both: TOD deed for their primary home + living trust for everything else.
Yes — if transferred to children or grandchildren and they file the Claim for Reassessment Exclusion (Form BOE-19-P) within 3 years.
Absolutely. You can name multiple beneficiaries with percentage shares.
No — you retain full ownership rights until death.
Include alternate beneficiaries or the property returns to your estate (probate).
The California revocable transfer on death deed remains the single best free tool for avoiding probate on your home in 2025. I’ve personally seen it save families tens of thousands of dollars and years of stress.
Download your free California transfer on death deed form 2025 today, have it notarized, and record it this week. Your family will thank you.
Click Here to Download Your Free California TOD Deed Form (PDF)
Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Laws change frequently. Always consult a licensed California attorney or title professional before executing any real estate document. Information accurate as of November 2025 based on California Probate Code §§ 5600–5698 and county recorder requirements.