California Transfer-on-Death Deed

Last updated: August 21, 2026 Jurisdiction: California

California's alternative to a Lady Bird deed

California does not recognize a distinct Florida-style Lady Bird deed. Its comparable probate-avoidance instrument is the revocable transfer-on-death (TOD) deed, which applies to transferors dying on or after January 1, 2016 and is currently scheduled to remain effective only until January 1, 2032, subject to the statute's treatment of deeds already executed (California Probate Code § 5600).

The eligible real property is limited to one-to-four residential units or a qualifying residential separate interest in a common-interest development; it excludes, among other things, agricultural land over 40 acres (California Probate Code § 5610). That is considerably narrower than simply assuming every California parcel can use the device.

Execution formalities are strict

A TOD deed is ineffective unless recorded on or before 60 days after it is acknowledged before a notary (California Probate Code § 5626). The National Notary Association's summary of SB 315 says the 2022 changes also require signing in the presence of two witnesses; that two-witness point is attributed to the association's statutory summary, not a separately verified statute here (National Notary Association, SB 315 summary).

Timing is part of validity: the directly cited statute requires recording within 60 days after notarized acknowledgment. Do not assume a signed but unrecorded deed accomplishes a transfer (California Probate Code § 5626).

What the beneficiary receives — and remains exposed to

On death, the deed transfers the transferor's interest subject to specified recorded or timely recorded limitations, including liens and encumbrances; it does not provide a covenant or warranty of title (California Probate Code § 5652).

A beneficiary may also be personally liable for the transferor's unsecured debts up to the statutory limit based on the property received, subject to statutory qualifications. A TOD deed is therefore not a general creditor-immunity device (California Probate Code § 5672; California Probate Code § 5674).

TOD deeds and Medi-Cal are an inference, not a guarantee

California's recovery statute limits post-2016 recovery to probate assets, while a TOD deed transfers on death outside ordinary probate. That relationship is a general explanation of how the two statutes may interact, not a guaranteed result in any title, creditor, or recovery dispute; speak with a California elder-law attorney before relying on it (DHCS Estate Recovery Program; California Probate Code § 5652).

For the contrast in form and state practice, see Florida's Lady Bird deed page.

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California's alternative to a Lady Bird deed

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