California's revocable transfer on death deed (often called an RTODD or TOD deed) is found in Probate Code §5600 and following. First introduced in 2016, it lets an owner of residential property name a beneficiary who will receive the property automatically when the owner dies — bypassing probate — while leaving the owner in full control during life.
How it works
You record a TOD deed naming your beneficiary. Nothing happens during your lifetime: you still own the home, you can sell it, refinance it, or revoke the deed, and the beneficiary has no interest in the property while you're alive. When you die, the property passes to the named beneficiary, provided they survive you. Recording the deed does not change ownership for property-tax purposes; any reassessment question is evaluated at your death like any other transfer.
A transfer on death deed does nothing while you’re alive — and that’s exactly the point.
The rules that trip people up
- 60-day recording window. The deed must be recorded within 60 days of the date you sign and notarize it, or it's void.
- Residential only. It can be used for property with one to four residential units (or a single-family home on limited agricultural land) — not commercial, industrial, or larger multi-unit buildings.
- Not for survivorship title. It can't transfer property held in joint tenancy or community property with right of survivorship; while a co-owner survives, the right of survivorship controls, not the TOD deed.
- Name beneficiaries individually. You must name each beneficiary specifically; you can't designate a class like "my children."
- 2022 requirements. Amendments effective in 2022 added formalities (including witnessing) and a survival period for the beneficiary.
- 2032 sunset. The statute is currently authorized through January 1, 2032. A deed validly recorded before then remains valid even if the law later lapses.
TOD deed vs. living trust
A TOD deed is appealing because it's quick and inexpensive for one home. A living trust does more: it can hold many assets, name backup beneficiaries, plan for incapacity, and keep everything private — but it costs more to set up. There are also TOD-specific trade-offs to weigh, such as how creditors' claims and title-insurance timing are handled after death. Which tool fits your goals is a personal and legal decision; this page is general information, not legal advice.
How SimpleDeeds prepares your TOD deed
Give us the owner's name, the property address, and the beneficiary's name. We confirm the property qualifies, prepare the statutory transfer on death deed and county forms, and record it within the deadline once it's signed and notarized — flat $295. We prepare the deed you direct; for advice on whether a TOD deed or a trust is right for you, consult an attorney.