![]() ![]() ![]() 6 The amended statute requires recording within 60 days of a TOD deed’s notarization date-a minor change from the prior version’s recording deadline of 60 days after execution.Ī major change to the TOD law is that a beneficiary now has a duty to provide notice of the TOD deed to the owner’s heirs upon the owner’s death. Notarization of witness signatures is unnecessary.Ī California TOD deed must also be recorded with the county recorder of the county where the property is located. 5 Only the property owner’s signature must be notarized. 4Ĭalifornia’s newly enacted witness requirement complements the existing rule requiring TOD deeds to be signed, notarized, and dated. 3 A TOD deed’s beneficiary, though, should not also be a witness, as California’s statute presumes that an interested witness improperly influenced the property owner to sign the deed. 2 Both witnesses must be present at the same time and must either see the property owner sign the TOD deed or hear the owner acknowledge the signature.Īnyone generally competent to act as a witness can witness a California TOD deed. The most immediately significant change is that two witnesses must now sign a California TOD deed. The recent legislative amendment’s principal objective is to mitigate the risk of improperly procured TOD deeds by heightening execution requirements and requiring notice to heirs. 1 TOD deeds-which have become a popular tool in California estate planning-allow property owners to transfer real estate outside of probate. A California TOD deed is a legal document that conveys real estate to a designated beneficiary when the current owner dies. Effective January 1, 2022, the California State Legislature enacted noteworthy changes to the state’s laws governing transfer-on-death deeds-also called TOD deeds. ![]()
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