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Deed Transfers & Affidavits of Death
Deed Transfers, Affidavits of Death and Death Notices
Handling real estate and legal documents after a loved one’s passing—or as part of your estate plan—can be complex. At Devey Law, we help clients prepare and record Affidavits of Death, submit required death notices to the California Franchise Tax Board (FTB) and Department of Health Care Services (DHCS), and handle real property transfers. Whether you're transferring real estate into a trust, to a beneficiary, making a lifetime gift, or managing property during trust administration, we provide knowledgeable, supportive guidance every step of the way.
What is a Deed Transfer and Why Might Someone Need One?A deed transfer is the legal process of changing ownership or title of real estate from one party to another. People may need a deed transfer for a variety of reasons: placing a home into a trust for estate planning purposes, gifting property to a loved one, updating title after marriage or divorce, or retitling property during trust administration. Accurate deed transfers are essential to ensure property is properly recorded and can pass to the intended person or entity without complications later on.
What is an Affidavit of Death and Why is it Necessary ?An Affidavit of Death is a legal document used to notify the county recorder’s office that a property owner has passed away and to update the official title records. This step is essential to remove the deceased person’s name from the title, even if the property was held in joint tenancy or as community property with right of survivorship. For example, if your spouse passes away and you jointly owned the home, you are still required to file an Affidavit of Death to reflect that change in ownership. This is a critical step in maintaining a clear title and ensuring future transfers or sales of the property aren’t delayed or contested.
Why do Death Notices Need to be Filed?In California, death notices must be sent to the Franchise Tax Board (FTB) and the Department of Health Care Services (DHCS) when someone passes away, especially if that person received Medi-Cal benefits. These notices help protect estates from unexpected claims and ensure the state can assess whether repayment is owed. Filing these notices is a critical step in trust administration or estate settlement and helps prevent delays or liabilities for heirs and beneficiaries.
Our Deed Transfer, Affidavit of Death & Death Notice(s) Services✔️ Preparing and recording deed transfers for:
• Funding a trust
• Gifting real estate
• Updating title during trust administration
• Adding or removing an owner
✔️ Drafting and filing Affidavits of Death to update property title after a loved one’s passing
✔️ Preparing and submitting required Death Notices to:
• The California Franchise Tax Board (FTB)
• The Department of Health Care Services (DHCS)
✔️ Guidance on required supporting documents (certified death certificates, trust certificates, etc.)
✔️ Recording services with the proper county recorder’s office
✔️ Follow-up support to confirm the successful transfer or clearance of title
Why Choose Devey Law?
At Devey Law, we take the time to listen to your goals and understand your family dynamics. We provide personalized solutions that reflect your unique circumstances. Our client-centered approach ensures that your estate plan not only meets your current needs but also adapts to changes in your life and the law.
Schedule a Consultation
Take the first step in securing your legacy. Contact Devey Law today to schedule a consultation. Whether you need to create a new estate plan or update an existing one, we are here to help you protect what matters most.
