Quitclaim Deeds and Transferring Property in California
How to sign and record a quitclaim or other deed in California, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be in writing and signed by the owner (or an agent authorized in writing). To be recorded, a grant deed or quitclaim deed must be acknowledged before a notary; proof by a subscribing witness is not allowed for deeds. Cal. Civ. Code § 1091; Cal. Gov. Code § 27287; Cal. Rev. & Tax. Code §§ 480, 11911
| Signing and recording a deed | A deed must be in writing and signed by the owner (or an agent authorized in writing). To be recorded, a grant deed or quitclaim deed must be acknowledged before a notary; proof by a subscribing witness is not allowed for deeds. Deeds are recorded with the county recorder. Counties (and some cities) may charge a documentary transfer tax (county rate $0.55 per $500 of value when consideration exceeds $100), and the new owner generally must file a change in ownership statement (Preliminary Change of Ownership Report) with the county recorder or assessor. City transfer tax rates vary. Re-verified 2026-10-27. |
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| Transfer-on-death deed | Yes. A revocable transfer on death deed can pass residential property to named beneficiaries at death. It must be signed and dated by the owner, signed by two witnesses who were present at the same time, notarized, and recorded with the county recorder within 60 days after it was notarized. It does not need to be delivered to or accepted by the beneficiary during the owner's life. The law sets out the form to use (Prob. Code § 5642). The current TOD deed law is scheduled to expire January 1, 2032 unless extended; deeds signed before then remain valid. Re-verified 2026-10-27. |
Free California quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in California?
A deed must be in writing and signed by the owner (or an agent authorized in writing). To be recorded, a grant deed or quitclaim deed must be acknowledged before a notary; proof by a subscribing witness is not allowed for deeds. Deeds are recorded with the county recorder. Counties (and some cities) may charge a documentary transfer tax (county rate $0.55 per $500 of value when consideration exceeds $100), and the new owner generally must file a change in ownership statement (Preliminary Change of Ownership Report) with the county recorder or assessor.
Does California allow transfer-on-death deeds?
Yes. A revocable transfer on death deed can pass residential property to named beneficiaries at death. It must be signed and dated by the owner, signed by two witnesses who were present at the same time, notarized, and recorded with the county recorder within 60 days after it was notarized. It does not need to be delivered to or accepted by the beneficiary during the owner's life. The law sets out the form to use (Prob. Code § 5642).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.