[CA] Can I use a transfer-on-death deed and a will to leave everything to my daughter and avoid probate?

Lexi, Chatbot

I understand that preparing a Transfer Upon Death Document can be a significant step for you. Have you already completed the TODD form, or are you still in the process of filling it out?

Lexi, Chatbot

Are there any specific concerns or questions you have regarding the legal requirements for the TODD in California?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Have you confirmed that the legal description on your current deed matches exactly what you plan to copy into the TODD, and that the property is eligible for a Transfer Upon Death Deed under California law?

Legal Eagle

Do you currently have any mortgages, deeds of trust, or liens on the property that will still be in place at your death?

Legal Eagle

Understood! So you're just wondering what you need to do here, correct?

Legal Eagle

Transfer on Death Deed. California allows a Transfer on Death Deed for qualifying residential property, including a single-family home of less than four residential units, which your property fits under Probate Code Section 5600. (CA Prob Code § 5600)

• The legal description must be copied word for word from the most recent recorded deed, not from a tax bill or assessor summary, because any discrepancy can invalidate the TODD. You must sign the TODD in the presence of a notary, and you must also have two witnesses who are present at the same time you sign. Neither witness may be named as a beneficiary on the TODD, and both witnesses must be disinterested adults. Your daughter cannot act as a witness. (CA Prob Code § 5642)
• The TODD must be recorded with the Santa Cruz County Recorder’s Office within 60 days after you sign it, or it is void even if everything else was done correctly.  (CA Prob Code § 5626)
• The TODD does not affect your ownership while you are alive. You can still sell, refinance, or revoke the deed at any time by recording a revocation or a new TODD.
• The TODD operates outside of probate, but it does not replace a will for other assets, so you should confirm that your beneficiary designations and estate plan are consistent with your intent for the rest of your property.
• Even though there are no liens now, any debts, taxes, or Medi-Cal recovery claims that exist at your death can still attach to the property after it transfers to your daughter.

Holographic Will. A holographic will can be legally valid in California if it is entirely in your handwriting, signed, and clearly states your intent. (CA Prob Code § 6111)

• A holographic will does not by itself avoid probate. However, probate may still be avoided for assets that already pass outside probate, such as the jointly owned house and your IRA beneficiary designation.

Other Assets. The vehicles and personal belongings covered by a will may still require a small probate or a simplified transfer process, depending on their total value at your death.

Legal Eagle

If the remaining assets are around $20,000, you are well below California’s small estate limit, which allows transfer without full probate using a small estate affidavit under Probate Code Section 13100.

You can still write a holographic will to clearly state that those items go to your daughter, which helps avoid confusion and makes the transfer smoother.

A practical step is to keep a simple list of those assets and their approximate values with your personal records so your daughter can use the small estate process when the time comes.

Legal Eagle

Sure thing! Did you have any other details you needed addressed or any concerns you still needed addressed?

Legal Eagle

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.