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Every beneficiary who owns a share has to sign. Each house is reviewed case by case.
I'm sorry for your loss. This page is for beneficiaries in Shasta County and Tehama County, and nearby in Butte County, who received a house on a revocable transfer on death deed and want to know what has to happen before a sale. It covers the four steps after the owner dies, the 120-day challenge window, debts and liens that follow the house, more than one beneficiary, and when probate is still needed. For the wider picture of inherited and probate houses, read selling an inherited house in Shasta or Tehama County. I'm a home buyer, not a lawyer. This is general information, not legal advice. Talk to a California probate or real estate attorney about your situation.
A California transfer on death (TOD) deed passes a home to named beneficiaries when the owner dies, without probate. Before selling, a beneficiary must record an affidavit of death, file a change-in-ownership report, send notice to the owner's heirs, and record an affidavit saying that notice was sent.
The official name is the revocable transfer on death deed. People also call it a TOD deed or a beneficiary deed. It passes the owner's interest to the named beneficiaries at death, outside probate (Probate Code section 5600 and the sections that follow; the California Courts Self-Help guide on wills, estates, and advance care planning).
During the owner's life it changes nothing. The owner can sell, borrow, or deal with the property as if there were no TOD deed, and the beneficiary has no rights yet (section 5650).
It can cover a parcel with one to four homes, or a condo-type unit. It does not cover agricultural land over 40 acres. Eligibility is judged as of the date the deed is signed (section 5610, as amended by AB 288). A mobilehome is covered only if the home is a fixture under Health and Safety Code section 18551 (the statutory form in section 5642).
This is the short version. I don't offer a form to download. The deed is signed and dated, with two witnesses present at the same time, and it is notarized (section 5624, as amended by SB 315, effective January 1, 2022). It has to be recorded within 60 days after notarization, or it has no effect (section 5626). If the deed was signed before 2022, ask an attorney whether the witness rule applies.
If the owner held the home in joint tenancy, or as community property with right of survivorship, and the owner is the first to die, the TOD deed is void and the survivor gets the property (section 5642 statutory form).
The law is scheduled to end in 2032 unless lawmakers extend it; ask an attorney what that means for an existing deed (section 5600).
The official statutory form lists what a beneficiary needs to do when the owner dies, under the heading "WHAT DOES MY BENEFICIARY NEED TO DO WHEN I DIE?" (section 5642). These are the four steps.
If the owner received Medi-Cal, notify the Department of Health Care Services and send a copy of the death certificate (section 215; section 5642). The steps for selling an inherited house are on the inherited-house guide.
Buyers and title companies care about steps 1 and 4 because, once those affidavits are recorded, a buyer acting in good faith and for value gets the same protection as if a probate court had distributed the house to the beneficiary (section 5682).
| County | Office | Contact | Fees |
|---|---|---|---|
| Shasta | Assessor/Recorder, 1450 Court Street, Suite 208, Redding, CA 96001 | (530) 225-5671 | Fees as listed on the Shasta fee page on October 15, 2026: regular recording $14.00 for the first page and $3.00 for each additional page. That page lists an SB2 fee of $75.00 "unless otherwise exempt." Ask the recorder whether that fee applies to an affidavit of death. A certified death-certificate copy for a Shasta-recorded death is listed at $26.00. A fee-increase notice effective January 1, 2027 is posted there. Check the fee page before you record. |
| Tehama | Clerk-Recorder, 633 Washington Street, Room 11, Red Bluff, CA 96080 | (530) 527-3350 recorder@tehama.gov |
The Clerk-Recorder page lists the Preliminary Change of Ownership Report and an SB2 exemption cover page. Ask the Clerk-Recorder for the recording fee. |
A contest of the deed accrues at the owner's death (section 5692). If someone contests the TOD deed and records a lis pendens within 120 days after the step-4 affidavit is recorded, a court that finds the transfer invalid will void the deed (section 5694(a)).
After 120 days, the court can still grant relief, but it won't affect a good-faith buyer for value who bought before the contest was filed (section 5694(b)). Liens and other limits recorded up to 120 days after the step-4 affidavit can still bind the property (section 5652(b)).
Because of these 120-day rules, ask the title company early what it will need before it insures a sale. I may open escrow during that window, and only case by case. The title company decides what it needs.
The house passes subject to liens, encumbrances, easements, and leases of record. A mortgage or a property-tax lien stays with the house (section 5652(b)). The deed transfers without warranty of title (section 5652(e)).
Beneficiaries can be personally liable for the owner's unsecured debts, up to the house's value at death minus liens (sections 5672 and 5674(b)). That liability does not apply if a probate estate is opened and the beneficiary follows the steps in the statute (section 5674(a)). Talk to an attorney before paying any creditor.
Behind on property taxes? Read about a California property-tax auction and selling a house with liens.
Two or more beneficiaries take the house as tenants in common, in equal shares. If one beneficiary did not survive the owner, that share goes to the others equally (section 5652(a)(3)–(4)).
To sell, every beneficiary who owns a share signs. I only buy when every owner signs. Every purchase is case by case.
If you can't agree, read about a partition action in California and talk with an attorney.
Any of these may mean a probate case or another court process. Talk to an attorney.
Other assets outside the deed may need their own path. Read selling an inherited or probate house, what probate means in Shasta County, and selling inherited property in Redding.
Families I talk with usually look at four options: keep the house, have one beneficiary buy out the others, list with a local agent, or consider a cash sale.
If every beneficiary who owns a share agrees and signs, I can make one written cash offer for the house that everyone sees at the same time, reviewed case by case. The title company handles the paperwork it needs, and each owner's share is paid through escrow. We can close in as little as 7 days once title is clear. You help choose a closing date that fits your move; staying after closing is handled case by case.
On a sale to us, we pay both the buyer's and the seller's closing costs.
The houses I review are single-family homes, mobile and manufactured homes only on their own land (never in a park), rural homes on acreage and small ranches, and duplexes and small rentals. I don't buy vacant land. An unpermitted addition is reviewed case by case.
If the house is in good shape and you have time, listing may net more. I'll tell you if that's the case. Read cash offer vs listing with a realtor and how we buy houses.
Example (made-up numbers).
Example only. Your amounts, debts and costs will differ. Talk to an attorney and your escrow officer.
This is general information, not legal advice. Talk to a California probate or real estate attorney about your situation.
A transfer on death (TOD) deed, officially a "revocable transfer on death deed," lets a California homeowner name beneficiaries who receive the home when the owner dies, without probate. It must be signed, dated, witnessed by two people, notarized and recorded within 60 days of notarization. While the owner is alive, it changes nothing: the owner can still sell or refinance, and can revoke the deed.
Not until the required steps are done. California's TOD deed form says the beneficiary must record evidence of the owner's death, file a change-in-ownership report, send notice to the owner's heirs with a copy of the deed and the death certificate, and record an affidavit saying that notice was sent. Ask the title company early what else it needs before it will insure a sale.
It's the sworn statement a TOD deed beneficiary signs, notarizes and records with the county recorder, along with a certified death certificate, to show the owner has died. California law also requires recording a statement that the beneficiary served notice on the owner's heirs. In Shasta County, record at the Assessor/Recorder in Redding. In Tehama County, record at the Clerk-Recorder in Red Bluff.
Yes. Since January 1, 2022, a TOD deed beneficiary must serve notice on the owner's heirs, with a copy of the deed and the death certificate, using a form set by law. The notice tells heirs they have 120 days to file a fully effective challenge. A beneficiary who skips a known heir can be responsible for damages. If there are several beneficiaries, only one has to record the affidavit.
California's TOD law doesn't set a general waiting period, but timing still matters. If someone challenges the deed and records a lis pendens within 120 days after the "notice served" affidavit is recorded, a court can void the deed. After that, a good-faith buyer is protected. Liens recorded within that 120 days can also attach. Ask the title company and an attorney what applies to you.
The house passes subject to its mortgage and other recorded liens. A TOD beneficiary can also be personally liable for the owner's unsecured debts, but only up to the house's value at death minus liens. That liability doesn't apply if a probate estate is opened and the beneficiary follows the steps the law requires. Talk to an attorney before paying any creditor.
Two or more TOD beneficiaries own the house together as tenants in common, in equal shares. If one beneficiary died before the owner, that share goes to the others equally. To sell the whole house, every beneficiary who owns a share has to sign. If you can't agree, read about partition actions in California and talk to an attorney about options like a buyout.
Probate or another court process may still be needed if the only beneficiary died before the owner, the deed wasn't properly witnessed, notarized or recorded within 60 days, the property isn't eligible, the owner held it in joint tenancy and died first, or someone contests the deed. Other assets outside the deed may need probate too. A probate attorney can tell you which applies.
Possibly. Every house is reviewed case by case, and every beneficiary who owns a share has to agree and sign. The title company handles what it needs to insure the sale, and each owner's share is paid through escrow. We can close in as little as 7 days once title is clear. You help choose a closing date that fits your move; staying after closing is handled case by case.
If every beneficiary who owns a share wants one number, send the address. I'll put the same written offer in front of all of you. Each house is reviewed case by case.
Every beneficiary who owns a share has to sign. Each house is reviewed case by case.
Or call (530) 999-7694.
I buy single-family homes, mobile and manufactured homes only on their own land (never in a park), rural homes on acreage and small ranches, and duplexes and small rentals. I don't buy vacant land. An unpermitted addition is reviewed case by case. Every owner must sign.
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NorCal Home Offer is a home buyer, not a law firm. This page is general information, not legal advice. Laws, forms and fees change. Talk to a California probate or real estate attorney about your situation. Last reviewed: October 15, 2026.