We believe in honoring transitions with care and simplicity.

DEEDS,

& AFFIDAVITS OF DEATH

PROPERTY TRANSFERS

Deed Transfers, Affidavits of Death and Death Notices

Handling real estate transfers and legal filings can arise in many situations—during lifetime gifting, adding or removing an owner, transferring property into or out of a trust, updating title after marriage or divorce, or settling an estate after a death. At Devey Law, we assist clients with every step of the process, including preparing and recording a wide range of deed transfers, completing Affidavits of Death to update official title records, and submitting required death notices to the California Franchise Tax Board (FTB) and Department of Health Care Services (DHCS).

Whether you’re protecting your property during estate planning, carrying out trust administration, fulfilling legal requirements after a co-owner’s passing, or correcting title records, we provide clear, knowledgeable, and supportive guidance from start to finish.

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What is a Deed Transfer and Why Might Someone Need One?

A deed transfer is the legal process of changing the ownership or title of real estate from one party to another. This process ensures that the official records reflect the current legal owner and helps avoid future disputes or complications.

There are many reasons someone may need a deed transfer, including:

  • Placing property into a trust – Often part of an estate plan, transferring real estate into a revocable or irrevocable trust can help avoid probate and ensure the property is managed or distributed according to your wishes.

  • Gifting property to a family member or loved one – Parents may transfer a home to an adult child, or grandparents might gift a vacation property to grandchildren, either during their lifetime or as part of planned giving.

  • Adding or removing a co-owner – This is common after marriage, divorce, or changes in business partnerships, when someone is added to or removed from the property title.

  • Transferring property after death – When someone passes away, real estate may need to be retitled to a beneficiary, heir, or surviving joint tenant.

  • Correcting title errors – If the original deed contains mistakes—such as a misspelled name, incorrect legal description, or missing signatures—a corrective deed may be required.

  • Business or investment purposes – Owners may transfer property to or from a business entity, such as an LLC or corporation, for liability protection or tax planning.

  • Trust administration – When a trust is being administered, real estate owned by the trust may need to be transferred to beneficiaries or sold.

  • Dividing property in a divorce or legal separation – Real estate may be transferred to one spouse as part of a property settlement agreement.

Accurate and timely deed transfers are essential to ensure the property is properly recorded with the county and that ownership is legally clear. Errors in the process can lead to costly disputes, title problems, or delays in future sales or transfers.

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| Grant Deed | Gift Deed | Trust Transfer Quitclaim Deed | Transfer on Death Deed | Interspousal Transfer Deed

| Grant Deed | Gift Deed | Trust Transfer Quitclaim Deed | Transfer on Death Deed | Interspousal Transfer Deed 

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 process ensures that the public record accurately reflects the current ownership and helps prevent title issues in the future.

Filing an Affidavit of Death is essential to remove the deceased person’s name from the title—even if the property was owned in a way that passes automatically upon death, such as joint tenancy or community property with right of survivorship. Without this filing, the title will still list the deceased as a co-owner, which can cause delays or legal complications later.

Common situations where an Affidavit of Death may be required include:

  • Surviving spouse or partner – If you and your spouse owned a home together and your spouse passes away, you must file an Affidavit of Death to update the title to your name alone.

  • Surviving joint tenant – If you co-owned property with a parent, sibling, or friend as joint tenants, their passing means you will need to file the affidavit to remove their name from the title.

  • Trust property – When real estate is held in a trust and the trustee or a co-trustee dies, an Affidavit of Death of Trustee is typically required before the successor trustee can manage or transfer the property.

  • Life estate property – If someone held a life estate and passes away, an affidavit may be needed to confirm that the remainder interest now belongs to the designated beneficiary.

  • Multiple property owners – In cases where there are several owners and one passes away, the affidavit clarifies the updated ownership share for the remaining owners.

Why this step is so important:
A clear and updated title is crucial if you plan to sell, refinance, or transfer the property in the future. If the deceased owner’s name remains on title, the transaction can be delayed, and additional probate or legal proceedings may be required to fix the record. Filing an Affidavit of Death promptly helps avoid these issues and ensures a smooth transfer of ownership.

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Notifying the Franchise Tax Board and Department of Health Care Services After a Death

In California, when someone passes away, certain state agencies must be formally notified—most notably the Franchise Tax Board (FTB) and the Department of Health Care Services (DHCS). This requirement is especially important if the deceased received Medi-Cal benefits, but it can also apply in other circumstances.

Why these notices are required:

  • Franchise Tax Board (FTB) – The FTB needs to know when a taxpayer has died to update their records, stop future tax notices, and assess any outstanding state tax obligations.

  • Department of Health Care Services (DHCS) – If the deceased received Medi-Cal benefits, DHCS is authorized to seek repayment for certain costs paid on the person’s behalf. Notifying them allows the agency to determine whether the estate will be subject to Medi-Cal Estate Recovery.

When this step is necessary:

  • Trust administration – Successor trustees must send these notices as part of their legal duty to administer the trust properly.

  • Probate proceedings – Executors of a will or administrators of an estate are typically responsible for filing these notices to ensure state claims are addressed before distribution.

  • Small estate settlements – Even if a formal probate is not required, these notices may still need to be sent to comply with California law.

The benefits of timely filing:

  • Prevents unexpected claims against the estate after assets have been distributed.

  • Ensures the estate is in good standing with the state, avoiding delays in closing the trust or probate.

  • Provides proof of compliance with California’s notice requirements, which can help protect the trustee or executor from personal liability.

Failure to send these notices can lead to delayed distributions, legal complications, or even personal liability for the trustee or executor. By handling this step early in the process, heirs and beneficiaries can receive their inheritance more quickly, and the risk of disputes is minimized.

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Ready To Get Started?

To schedule your consultation, contact us at (805) 720-3411 or email consultations@deveylaw.com.

We offer both in-person and virtual appointments for your convenience.

At Devey Law, we are committed to providing compassionate and thoughtful legal counsel with integrity, dedication, and personalized service. We understand that every situation is unique, and we work closely with out clients to navigate Estate Planning, Trust Administration & Probate, and Business Entities with clarity and confidence.

Whether you’re planning for the future, forming or operating a business, or managing a legal matter, we are here to help you make informed decisions and protect what matters most.

Located in Santa Maria and Orcutt, California, on the beautiful Central Coast, we proudly serve clients across the entire state. Whether you’re local to the area or anywhere in California, we offer both in-person, mobile and virtual services to meet your needs. Our commitment is to provide exceptional service, no matter where you are.