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California · Probate Code §§5600–5698California transfer on death deeds: execution, the 60-day recording rule and what the beneficiary records before selling

California's revocable transfer on death deed law applies to transferors dying on or after January 1, 2016 and is scheduled to end on January 1, 2032 unless extended; a deed executed before then stays valid (Cal. Prob. Code §5600). The deed is effective only if it is signed and dated by the transferor, signed by two witnesses present at the same time, and acknowledged before a notary (§5624) – and only if it is recorded on or before 60 days after notarization (§5626(a)). During the owner's life it transfers nothing: the owner or the owner's agent may sell, encumber or otherwise deal with the property as if no deed existed (§5650). After the death, the beneficiary serves the heirs a statutory notice with a copy of the deed and the death certificate, which tells them they have 120 days from the notice to challenge it (§5681). A person dealing with the beneficiary in good faith and for value gets the protection of a final distribution order if an affidavit of death and an affidavit that the §5681 notice was served are recorded (§5682). The property passes subject to liens and encumbrances of record at death or recorded within 120 days after that affidavit (§5652(b)), and the beneficiary is personally liable for the transferor's unsecured debts up to the property's net value (§§5672, 5674).

The rules

  1. 1. Execution (§5624)

    Signed and dated; two witnesses present at the same time; notarized.

  2. 2. 60 days (§5626(a))

    Recorded on or before 60 days after notarization, or it isn't effective.

  3. 3. Notice to heirs (§5681)

    After death: notice, copy of the deed and death certificate; 120 days to challenge.

  4. 4. Buyer protection (§5682)

    Recorded affidavit of death and affidavit that the notice was served.

  5. 5. Liens (§5652(b))

    Those of record at death or recorded within 120 days after the affidavit.

  6. 6. Sunset (§5600(c))

    Part repealed January 1, 2032 unless extended; earlier deeds remain valid.

What the TC can do

  • When a beneficiary is selling, ask the title company for the recorded affidavit of death and the §5682 affidavit of service.
  • Note the date of the heirs' notice – the 120-day challenge window runs from it.
  • Check that the deed was recorded within 60 days of its notarization.

Questions about California TOD deeds

How soon must a California TOD deed be recorded?

On or before 60 days after the date it was acknowledged before a notary – otherwise it isn't effective (Cal. Prob. Code §5626(a)).

What does a California TOD beneficiary record before selling?

An affidavit of death and an affidavit stating that the beneficiary served the notice required by §5681 on the heirs; then a good-faith buyer for value is protected as if the beneficiary were a distributee under a final order (§5682).

Can a California owner sell a house with a TOD deed?

Yes – during life the deed doesn't affect the owner's rights to sell or encumber the property (§5650(a)).

Related guides

Add a task in ClosingCode for the beneficiary's recorded affidavits and the 120-day window, with an owner and a due date.

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Source: California Probate Code §§5600, 5624, 5626, 5650, 5652, 5672, 5674, 5681 and 5682 (leginfo.legislature.ca.gov, read October 26, 2026).

General information, not legal advice. Have the title company confirm what the beneficiaries must record. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.