How to Transfer a House After Death in California

How you transfer a house after someone dies in California depends almost entirely on one thing: how the home is titled. Titling — not the will — drives the path.

The good news: most homes transfer through a summary path that's far cheaper and faster than full probate. Some don't even require a court at all. This guide walks through each way a home can be held and what each one takes.

Check the deed first

The fastest way to find your path is to read the most recent recorded deed. It states how title is held — "as joint tenants," "as community property with right of survivorship," in the name of a trust, and so on. The County Recorder where the property sits has a copy. And note: a will does not by itself transfer the house or avoid probate — titling and value control.

Start with how the home is titled

Find your situation below. Each one points to a specific form or process.

1. Held in joint tenancy

If the deed says the home is held by two or more people "as joint tenants," the property passes automatically to the surviving joint tenant when one owner dies. There is no court.

To clear the deceased owner off title, the survivor records an Affidavit of Death of Joint Tenant with a certified death certificate at the County Recorder where the property sits, and files a Preliminary Change of Ownership Report (PCOR) alongside it (the PCOR is filed, not recorded).

2. Community property with right of survivorship

If a married couple holds the home "as community property with right of survivorship," it works like joint tenancy: the home passes to the surviving spouse automatically, with no court.

The surviving spouse records an Affidavit of Death of Spouse with a certified death certificate at the County Recorder, and files a PCOR alongside it.

3. Community property without survivorship, passing to the spouse

If the home is community property without a right-of-survivorship designation and it passes outright to the surviving spouse, no probate administration is needed (Prob. §13500) — unless the will leaves it in trust or gives the spouse only a limited interest. Clearing title still takes a document, and there are two routes:

• Spousal Property Petition, Form DE-221 (Prob. §13650). A streamlined court petition — typically one hearing — that ends in an order confirming the property belongs to the surviving spouse. It's far lighter than full probate, but it does go through the court.
• §13540 affidavit. After 40 days, the surviving spouse may sell or mortgage the home and record an affidavit of the facts together with (or before) that deed or loan document. This supports the sale or loan; it does not by itself confirm title.

Which document a title company or lender will accept is up to them.

4. A transfer-on-death (TOD) deed is already on file

If the decedent recorded a transfer-on-death deed during their lifetime, the named beneficiary records an affidavit of death with a certified death certificate, and must serve notice on the transferor's heirs (Prob. §5681) with a copy of the deed and the death certificate. A challenge filed (with a lis pendens) within 120 days after the affidavit of service is recorded can void the deed; a later challenge cannot undo a good-faith sale or loan (Prob. §5694). No court.

5. The house is in a living trust

If the home was transferred into a living trust, it transfers through trust administration — usually no court. The successor trustee deeds the home to the beneficiaries and serves the required §16061.7 notice to heirs and beneficiaries within 60 days after the trust becomes irrevocable (for a single settlor, that's the death).

6. Held in the decedent's name alone

If the home is in the decedent's name only — no joint tenancy, no survivorship, no TOD deed, no trust — the path depends on value.

• Primary residence worth up to $750,000 (deaths on or after April 1, 2025) → the Petition to Determine Succession to Primary Residence, Form DE-310 (Prob. §13151). It requires an appraisal by a probate referee you select from those appointed by the State Controller, and one court hearing.
• All of the decedent's California real property together worth $69,625 or less (deaths on or after April 1, 2025) → the §13200 affidavit, Form DE-305. It has a 6-month wait from the date of death, is filed with the court clerk (a certified copy is then recorded), and has no hearing.
• Above those limits → full formal probate, which typically takes 9 to 18 months and carries statutory fees (Prob. §§10800 and 10810) paid separately to the executor and to the attorney.

File a PCOR with every recording

A Preliminary Change of Ownership Report (PCOR) is filed with the County Recorder alongside any deed or affidavit you record. It is not recorded itself, and if it's missing the recorder may charge an extra $20. Claiming the right exclusion — a parent-child or spousal exclusion — may avoid a property-tax reassessment. Proposition 19 limits which transfers qualify, and its claim has its own form and deadline, so this is worth getting right; the county assessor can confirm the specifics for your property.

The quick version

You don't have to work out the paths on your own

You can do this yourself — the forms are public. But the most common mistakes are quiet and costly: the wrong form, a missed PCOR, or the wrong reassessment exclusion that triggers a new property-tax bill.

Our 2-minute screener shows the published requirements for each path next to your answers about how the home is held, so you can see whether you're looking at a recorded affidavit, a single-hearing petition, or full probate, and decide. From there, a registered Legal Document Assistant prepares and files the documents for the path you choose, at your direction, for one flat fee.

Not sure which path is yours? The screener lays out the options so you can decide. You can also read Do I need probate in California? for the bigger picture.