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California · DeedsCalifornia deeds: a signed written instrument, acknowledged before it can be recorded

In California an estate in real property, other than an estate at will or a term of not more than one year, can be transferred only by operation of law or by an instrument in writing subscribed by the party disposing of it, or by an agent authorized in writing (Civil Code §1091). Before an instrument can be recorded, its execution must be acknowledged by the person executing it, or for a corporation by its president, secretary or other person executing it for the corporation, and the acknowledgment certified as prescribed by law (Government Code §27287). Proof by a subscribing witness isn't an alternative for a power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement or other document affecting real property (§27287). The acknowledgment requirement doesn't apply to a trustee's deed resulting from a judicial or nonjudicial foreclosure or to a deed of reconveyance (§27287).

What the statutes set

  1. Writing (Civ. §1091)

    Signed by the grantor or an agent authorized in writing.

  2. Acknowledgment (Gov. §27287)

    Required before recording; certified as the law prescribes.

  3. No witness substitute (§27287)

    Grant deeds, quitclaims, deeds of trust and powers of attorney need acknowledgment.

  4. Exempt (§27287)

    Trustee's deeds after foreclosure and deeds of reconveyance.

What the TC checks before a California deed goes to the recorder

  • Book a notary for every signer, including a corporate officer signing for an entity seller.
  • If an agent signs, confirm the written authority and that it's recorded or ready to record.
  • Check the acknowledgment certificate against the signer's name on the deed.

Questions about California deeds

Does a California deed need a notary?

Yes. Before a deed can be recorded its execution must be acknowledged, and a grant or quitclaim deed can't be proved by a subscribing witness instead (Gov. Code §27287).

Can an agent sign a California deed?

Yes, if the agent is authorized in writing (Civ. Code §1091).

Related guides

Track the notary appointment and the recording as tasks on the deal in ClosingCode.

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Sources: Civil Code §1091; Government Code §27287 (leginfo.legislature.ca.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.