Contra Costa California Beneficiary Deed

State:
Multi-State
County:
Contra Costa
Control #:
US-03279BG
Format:
Word; 
Rich Text
Instant download

Description

A beneficiary deed is a another type of real property deed used to transfer property. By signing and recording a beneficiary deed, an owner of an interest in real property may cause the owner's interest in the real property to be conveyed to people or entities upon the owner's death. The interest in real property conveyed by a beneficiary deed does not take effect until the death of the owner, at which time that interest transfers automatically by law to the designated grantee named in the beneficiary deed.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Contra Costa California Beneficiary Deed is a legal document that allows property owners in Contra Costa County, California, to transfer their property's ownership upon their death without the need for probate. This type of deed is also known as a transfer-on-death deed or TOD deed. A Contra Costa California Beneficiary Deed specifically designates one or more beneficiaries who will inherit the property directly upon the owner's death, bypassing the traditional probate process. This can offer significant advantages, including reduced time, costs, and complexity involved in transferring property ownership. By creating a Beneficiary Deed in Contra Costa County, California, property owners maintain full control over their property during their lifetime, retaining the ability to sell, mortgage, or transfer it as they please. The deed only becomes effective upon the owner's death. There are different types of Beneficiary Deeds available in Contra Costa County, California, depending on the specific needs and circumstances of the property owner: 1. Full Beneficiary Deed: This type of deed allows the property owner to designate one or more beneficiaries who will receive the property's ownership rights in equal shares upon the owner's death. 2. Partial Beneficiary Deed: This variant of the Beneficiary Deed enables the property owner to specify different percentages or fractions of ownership to multiple beneficiaries. For example, one beneficiary may receive 60% of the property while another receives 40%. 3. Contingent Beneficiary Deed: This type of deed designates a primary beneficiary and a contingent beneficiary. If the primary beneficiary predeceases the property owner or is otherwise unable to inherit the property, the contingent beneficiary becomes entitled to the ownership rights. 4. Revocable Beneficiary Deed: This form of deed provides flexibility to the property owner, allowing them to change or revoke the beneficiary designation at any time during their lifetime. This ensures that they can adapt the beneficiaries of the deed to any changes in circumstances. It is crucial to consult with an experienced attorney or estate planner when considering a Contra Costa California Beneficiary Deed, as the legal requirements and implications can vary. A professional will guide property owners through the process, ensuring compliance with all necessary laws and regulations.

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FAQ

In 2021, the legislature passed SB-315 to update the law on TOD deeds and address some problems in the earlier law. Deeds that were executed before January 1, 2022 are still valid, even if they differ from the additional requirements of the new law.

The most common means of transferring real property upon death of the owner are three well-known methods: (1) holding property in joint tenancy or as community property with right of survivorship, (2) a living trust, or (3) a will.

Upon death of the transferor, the beneficiary must file a Change in Ownership Statement with the county assessor within 150 days of date of death in accord with Revenue and Taxation Code section 480(b).

You may request copies of recorded real property documents online, in person, or by mail. As of January 1, 2018, the fee for a copy of a recorded document is: $2.00 for the first page and $0.05 for each additional page, per document copy.

Where can I get recorded documents, such as birth, death or marriage certificates, or deeds and liens? A wide variety of vital records may be obtained by visiting the Clerk-Recorder's office at 555 Escobar Street in downtown Martinez, near the Amtrak station.

Now, California allows for the transfer of real property upon a person's death, thereby avoiding probate. This revocable transfer on death deed is a simple and inexpensive way to transfer real property to a beneficiary.

A TOD deed may be recorded up to 60 days after date of death, and if a successful contest action is filed and a lis pendens recorded within 120 days of the transferor's death, the court must order the TOD deed void and transfer the property to the person entitled to it.

You must wait at least 40 days after the person dies. What if I need help? Or, read the law on property transfers. See California Probate Code, §§ 13100-13115.

Recording Fees Combined documents: $14 per title. Non-standard page: $3 per page.

Effective January 1, 2022, the California State Legislature enacted noteworthy changes to the state's laws governing transfer-on-death deedsalso called TOD deeds. A California TOD deed is a legal document that conveys real estate to a designated beneficiary when the current owner dies.

Interesting Questions

More info

Call the Contra Costa County Behavioral Health. Access Line at 1-888-678-7277.Fill out all general required information about your identity and address. HOW DO I USE THE TOD DEED? You can file a revocation in the county where the property is located. There is a fillable form online. First, you need to make sure you fill out the quitclaim deed properly and get it notarized. Next, take the quitclaim deed to the County Recorder's Office.

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Contra Costa California Beneficiary Deed