A revocable transfer on death deed (often called a TOD deed) lets a California homeowner name who receives the property when they die, without giving up ownership now. It’s a popular, low-cost tool, but it has strict signing and recording rules. Miss one, and the deed may not work at all.
Signing a transfer on death deed?
We come to your home, hospital, or care facility, and can bring two independent witnesses for $50 each if you need them.
The three signing requirements
Under California Probate Code section 5624, a TOD deed is not effective unless:
- The owner signs and dates it.
- Two witnesses sign it. Both must be present at the same time and witness the owner signing, or the owner acknowledging that they signed.
- It is acknowledged before a notary public.
The witness requirement applies to deeds signed on or after January 1, 2022. Many online forms and older articles predate it, so check that your form has witness lines.
Who should be a witness
Most competent adults can be witnesses, but the people receiving the property should not be. California law presumes an interested witness may have influenced the owner, which can make the deed easier to challenge.
The 60-day recording deadline
The deed must be recorded with the county recorder within 60 days of notarization. A properly signed TOD deed that isn’t recorded in time does not work. In our area, that means the San Bernardino, Riverside, Los Angeles, or Orange County recorder, depending on where the property is.
Why people choose a mobile notary for TOD deeds
- Owners are often older, ill, or in a care facility, so we come to them.
- We confirm ID requirements in advance and check that the witness section is complete before we leave.
- We record the signing in our official notary journal, including the thumbprint California requires for deeds affecting real property.
Is a TOD deed right for you?
A TOD deed covers one property and has trade-offs compared with a living trust. We can’t advise you on that choice, but our article on reasons to get a will and trust in California is a good place to start, and an estate planning attorney can help you decide.
Frequently Asked Questions
Does a California transfer on death deed need to be notarized?
Yes. It must be signed and dated by the owner, signed by two witnesses, and acknowledged before a notary public.
How long do I have to record a transfer on death deed in California?
Within 60 days of notarization. If it isn’t recorded in time, the deed is not effective.
Can the beneficiary be a witness on a TOD deed?
It’s best not to. California presumes an interested witness may have influenced the owner, which can invite a challenge.
Can you bring witnesses?
Yes. We can arrange two independent witnesses for $50 per witness. Ask when you request your appointment.
Last updated November 2026. This article is general information, not legal advice. A notary public cannot prepare a deed or advise you on estate planning. Consult an estate planning attorney before transferring real property. Wet Ink Notary LLC is not a law firm. Brent Hernandez, California Notary Public #2446864 and Registered Process Server #2006 (San Bernardino County).