California lets you name who gets your home when you die using a simple recorded deed—no probate, and you keep full control while you are alive. The rules were tightened by SB 315, so here is the current, plain-English picture (verify before you rely on it).
What a TOD deed does
A Revocable Transfer on Death (TOD) deed—sometimes called a beneficiary deed—lets you name who inherits your home when you die, using a deed you record now. Unlike a normal deed, it does nothing during your lifetime: you keep full ownership, you can sell or mortgage the home, and you can revoke the TOD deed anytime. It only takes effect at your death, passing the property to your named beneficiary outside probate.
It is aimed at homeowners with relatively simple situations who want a low-cost way to avoid probate on a single residence without setting up a full living trust.
Current rules after SB 315 (verify before relying)
SB 315, effective January 1, 2022, significantly revised the TOD deed to reduce fraud and confusion. Under the current statute, a valid TOD deed generally must:
- Be signed and dated by the owner and acknowledged before a notary; and
- Be signed by two witnesses who are present at the same time and witness the owner signing (a new requirement added by SB 315); and
- Be recorded with the County Recorder within 60 days of the date it is signed/notarized, or it is void.
SB 315 also expanded who and what can be a beneficiary and added a post-death process (below). Because these details matter and can change, confirm the current statutory requirements before signing.
The 2032 sunset—and why it matters
The TOD-deed statute is not permanent. It currently includes a sunset / repeal date of January 1, 2032, unless the Legislature acts again to extend or delete that date (it has been extended before). Importantly, a TOD deed validly executed before the repeal date is generally still effective even if the statute later sunsets. Still, because the law is on a clock, confirm the statute is currently in effect and check whether the date has changed before you rely on a TOD deed.
After death: notice to heirs and clearing title
SB 315 added a step after the owner dies: the beneficiary must serve a statutory notice on the transferor's heirs, giving them information about the transfer (heirs have a window to contest in some situations). The beneficiary typically also records an affidavit and the death certificate to clear title. Note that a TOD deed does not wipe out the mortgage—the home passes subject to any loans and liens, and creditors of the estate may still reach the property in some cases.
Is a TOD deed right for you?
A TOD deed can be a simple, inexpensive probate-avoidance tool for a single home and a clear beneficiary. It is usually not ideal for multiple properties, blended families, minor or special-needs beneficiaries, co-owned property, or complex estates—situations where a living trust often gives more control. Because of the witness, notary, recording, and notice rules (and the sunset), have an attorney prepare or review it. Brian can help with the real-estate side and valuation.
Important: this is general information, not legal or tax advice
Brian Cooper is a licensed California REALTOR® with eXp Realty—not an attorney, a CPA, or a certified estate planner. Everything on this page is general information about California real estate and how property changes hands. It is not legal, tax, or estate-planning advice, and it does not create any professional relationship.
Title, probate, divorce, and tax rules are detailed, fact-specific, and change over time. Dollar thresholds and dates in this guide should be re-confirmed against current California law before you rely on them. Please consult a qualified California estate-planning or real-estate attorney and a CPA about your own situation, and confirm the current rules with the court or county recorder. When you are ready to buy, sell, or value a home tied to any of these events, Brian is glad to help with the real-estate side and to coordinate with your attorney and tax advisor. Contact Brian.
Frequently Asked Questions
What is a Transfer on Death deed in California?
It is a revocable deed that names who receives your home at your death, passing it outside probate. During your life it has no effect—you keep full ownership and can revoke it anytime. It only takes effect when you die.
What did SB 315 change?
Effective January 1, 2022, SB 315 added a two-witness requirement (in addition to notarization), expanded who and what can be a beneficiary, required recording within 60 days, and added a post-death notice to the transferor's heirs. Confirm the current rules before using one.
Is the California TOD deed law expiring?
The statute currently carries a sunset/repeal date of January 1, 2032, unless the Legislature extends it again (it has been extended before). A TOD deed validly executed before that date generally remains effective. Verify the current date before relying on it.
Does a TOD deed avoid the mortgage or the bank's claim?
No. The home passes subject to any mortgages and liens, and the debt is not forgiven. The beneficiary takes the property still owing the loan, and estate creditors may reach it in some situations.
Can I change my mind after recording a TOD deed?
Yes. A TOD deed is revocable. You can revoke it, record a new one, or sell the property during your lifetime. The most recent valid recorded instrument generally controls. Follow the statutory revocation steps.
Should I use a TOD deed or a living trust?
A TOD deed suits simple situations—one home, one clear beneficiary. A living trust is usually better for multiple properties, blended families, minors, or complex estates. An estate-planning attorney can recommend the right tool for you.
