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California Real Estate Deed Forms Documents

Before starting a real estate transaction, either as a seller (grantor) or buyer (grantee), it's a good idea to Quit Claim Deed
review the laws that govern real estate deeds for the state. In California, the property statutes are found
distributed throughout the Civil Code, so from this point forward, all citations refer back to the Civil Code Gift Deed
unless otherwise marked.
Warranty Deed
Standard real estate deeds are transfers "by which the title to property is conveyed from one living person
to another" ( 1039). Title to real property can only be transferred by operation of law or by a written Special Warranty Deed
instrument -- a real estate deed -- and must be signed by the transferor (grantor) or an authorized
representative ( 1091). Grant Deed

Some details in a real estate deed are presumed unless specifically restricted or removed. So, there is no Transfer on Death Deed
requirement for a deed to contain words of inheritance or to identify the transfer as passing a fee simple
title (absolute ownership). ( 1072, 1105). These expectations are conveyed by using the word "grant" in Transfer on Death
"any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, Revocation
and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns."
The deed contains covenants of warranty, assuring the grantee that "previous to the time of the execution
Transfer on Death
of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to
Affidavit
any person other than the grantee;" and that "such estate is at the time of the execution of such
conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under
Interspousal Transfer
him" ( 1113). Section 1114 defines "incumbrances" as "taxes, assessments, and all liens upon real
Grant Deed
property." As a result of the implied covenants of warranty, the grantor is, in most circumstances, ultimately
responsible for claims against the title ( 1107).
Grant Deed for Life Estate
In addition to conveying title to the purchaser, a real estate deed also passes all easements attached to the
property unless otherwise noted in the document. ( 1104). Easement Deed

The statutory form for a real estate deed also defines specific content requirements. In addition to the Termination, Cancellation
grantor's signature, a grant of an estate in real property must include: of Easement / Right of
Way
- Grantor's name
- Grantee's name Trustee Deed
- Name of the county where the property is located
- Legal property description Affidavit Death of Joint
- Signing date Tenant
- Notary acknowledgement
Affidavit of Surviving
( 1092). Spouse

A comment about the grantor's name: If the grantor's name changed between the time he/she took Long Form Deed of Trust
ownership of the real estate and the time he/she sold it, the new deed must refer to both names. For
example: "Jane Smith, formerly known as (or FKA) Jane Jones, grants to ...." The recorders index real Short Form Deed of Trust
estate deeds by grantors and grantees, so if the names do not match the records, the deed "shall not
impart constructive notice of the contents thereof to subsequent purchasers and encumbrancers, but such
Short Form Deed of Trust
conveyance is valid as between the parties thereto and those who have notice thereof." ( 1096). So, even
with Assignments of
though the deed validly transfers the property from grantor to grantee, the grantee may lose the title Rents
protection that arises from entering the transfer into the public record.
Substitution of Trustee
Any person may buy or sell real property in California ( 671). When purchasing real estate with co-owners,
and Full Reconveyance
it is essential to understand the different ways to hold title because each vesting choice carries different
benefits and drawbacks. When identifying the grantee(s) by name on the deed, include the vesting decision
as shown in the examples below. Property owned by more than one person is held in one of four ways: Deed of Full
joint tenancy, partnership, community property with right of survivorship, or tenancy in common ( 682). Reconveyance

Two or more people sharing equal ownership interests have the option to create a joint tenancy, which Personal Representative
includes the right of survivorship. Survivorship provides an opportunity for co-owners to avoid probate Deed
because when one owner dies, his/her portion of the property rights automatically transfer to the other co-
owners by function of law. It must be "expressly declared in the transfer to be a joint tenancy" in the Disclaimer of Interest
granting clause of the deed ( 682.1(a), 683). For example: "AB conveys to BC and CD as joint tenants."
Preliminary Notice
Section 684 explains that a "partnership interest is one owned by several persons, in partnership, for
partnership purposes." This type of ownership is discussed more thoroughly in numerous sections of the Notice of Completion
California Commercial Code.
Notice of Mechanics Lien
Community property with right of survivorship is only available to married couples, and like joint tenancy,
must be expressly declared in the deed. For example: "AB conveys to BC and CD, a married couple, as Correction Deed
community property with right of survivorship" ( 682.1). Also as with joint tenancy, if one spouse dies while
they own property in this way, the surviving spouse gains sole ownership of the real estate without the need Mineral Deed
for probate.
Mineral Deed with Quit
If not otherwise specified, every "interest created in favor of several persons in their own right is an interest Claim Covenants
in common" ( 686). With this type of co-ownership, each owner may claim a different percentage of the
total property right. Each owner may also sell his/her portion without input from the others. This
Notice of Pending Action
independent form of holding title does not include survivorship rights, so if co-owners die, their portion
reverts back to their estate and the probate process determines its distribution.
Release of Notice of
Pending Action
In addition to the requirements defined by the statutory form for a deed, California Government Code
demands specific details for indexing and taxation purposes:
Certificate of Trust
- The deed must meet all statutory requirements, be legible enough for clear imaging, and contain original
signatures ( 27201)
- The names of each signor must be printed or typed next to or below the corresponding signature
(27280.5)
- All deeds submitted for recording must be written in English or accompanied by a certified English
translation ( 27293)
- Include the assessor's ID number for the real property (27297.7)
- A return address where the recorder can mail the deed after recording and marking it with the "year,
month, day, hour, and minute of its reception, and the amount of fees for recording" and the instrument ID
or book and page number where it is recorded ( 27320, 27321)
- A name and address identifying where future tax statements should be mailed ( 27321.5)
- Deeds must contain a title that indicates the purpose and type of instrument ( 27324)

Once the statutory content and indexing requirements are met, the deed is ready to submit for recording.
California Civil Code Section 1169 states that deeds "must be recorded by the County Recorder of the
county in which the real property affected thereby is situated." A deed is viewed as recorded when the
recorder's office accepts it, ( 1170) and the act of recordation provides constructive notice to future
purchasers of a change in ownership ( 1213). Constructive notice is the expectation that parties involved in
legal transactions have a duty to seek out information that is freely available in public records.

California follows a race-notice recording act, which means that a later bona fide purchaser (buyer for
value) who does not have notice of any other earlier conflicting interests, and records first, wins the
property rights and will have priority over any later recordings ( 1214). Even so, an unrecorded deed is
valid, but only between the grantor and grantee ( 1217).

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What others are saying:

Susan K. said: Very helpful; information included on the form explanations about Colorado laws in regards
to beneficiary deeds helped us understand the issues involved.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Stanley P. said: Fast accurate service

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day!

dill h. said: easy-peasy

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day!

Maurice M. said: It was very convenient to be able to purchase the forms that I needed and save an extra
trip downtown. I really appreciated the instructions that came with the forms.

Reply from Staff: Thank you Maurice. Have a great day!

Caville B. said: Received the documents, but the explanation and process is not as straightforward as I
would have liked. The Instructions and Sample document were not always easy to follow. I may just have a
real estate lawyer perform the task.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

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