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Above Space for Recorder's Use Only. AFFIDAVIT. Surviving Spouse Succeeding to Title to Community Property (Probate Code §13540).AFFIDAVIT-SURVIVING SPOUSE. Recorder's Use Only. No probate process or probate court procedures will be necessary to make the transfer. The process of transferring title to the surviving spouse will be simple. Escrow No. AFFIDAVIT. By Surviving Spouse Succeeding to Title to Community Property. Complete the Affidavit to Establish Title of Distributees to Property of Decedent. 2. Surviving Spouse Succeeding to Title to Community Property.