Detailed answer
Short overview: To make your child the recorded owner of real property after your wife’s death in California, the exact steps depend on how the property was titled before death. Common paths are (A) the surviving owner automatically owns the property (no probate), (B) the property passed by a recorded Revocable Transfer-on-Death (TOD) deed, or (C) the decedent owned the property in her sole name (probate or other transfer procedure required). Below are clear steps for each situation and what you will likely need to record a new deed.
1) Step 1 — Confirm how title was held
Look at the recorded deed that shows current ownership. Typical titling formats and the practical effect at death:
- Joint tenancy — the surviving joint tenant becomes sole owner automatically.
- Community property with right of survivorship — the surviving spouse becomes sole owner automatically.
- Tenants in common — the deceased tenant’s share passes under his/her will or by intestate succession and usually requires probate or other transfer procedure.
- Revocable Transfer-on-Death (TOD) deed — if the decedent recorded a valid TOD deed naming your child, the property transfers to that beneficiary without probate once requirements are met.
- Sole owner (no TOD) — property usually must pass through probate unless another exception applies.
If you do not have the recorded deed, request a copy from the county recorder where the property is located.
2) Step 2 — If title passed automatically (joint tenancy or survivorship)
If the surviving owner is already you (or someone else) because the deed created joint tenancy or community property with right of survivorship, you generally record a certified copy of the death certificate and, in some counties, an affidavit of death of joint tenant or similar short form to update the recorder’s index. Contact the county recorder’s office and ask which document they accept to remove the deceased owner from the title record.
Once the recorder accepts the death certificate (and any required affidavit), you can prepare and record a new deed to transfer title to your child (for example, a grant deed or quitclaim deed from the surviving owner to the child). The new deed must be signed, notarized, and recorded in the county where the property is located.
3) Step 3 — If there is a recorded Transfer-on-Death (TOD) deed
California law permits revocable transfer-on-death deeds. If a valid TOD deed named your child as beneficiary and was properly recorded before your wife’s death, the beneficiary’s interest typically becomes effective on the decedent’s death. To record title in your child’s name you will need to file the recorded TOD deed (already recorded) together with the decedent’s certified death certificate and any additional documents the county recorder requires.
See the California Probate Code provisions that govern TOD deeds: Probate Code §5600 et seq.. The California Courts website also explains probate and alternatives in plain language: California Courts — Probate self-help.
4) Step 4 — If the decedent owned the property solely (probate likely required)
If the property was only in your wife’s name and there is no valid TOD deed or survivorship title, the property generally must pass through probate before you can record a deed transferring ownership to your child. Typical probate steps (high level):
- File a petition with the probate court to open an estate and appoint a personal representative (executor or administrator).
- Provide notice to heirs and creditors and inventory the estate’s assets, including real property.
- Obtain court approval of the proposed distribution or a court order conveying title to the successor (for example via an executor’s deed or court order confirming sale/distribution).
- Record a certified copy of the court order or the executor’s deed with the county recorder to change title to your child.
For practical guidance about probate procedures and forms, see the California Courts probate information: https://www.courts.ca.gov/selfhelp-probate.htm. If the estate is small or facts are simple, a probate attorney can advise whether a simplified procedure applies.
5) Step 5 — Small estates and other exceptions
California provides some simplified procedures for small estates and certain transfers (personal property and limited real property transfers in narrowly defined situations). Whether those procedures apply to transfer of real property varies with facts and value. Check with a probate attorney or the court to see if a small‑estate affidavit, summary probate, or similar short procedure is available.
6) Step 6 — Prepare and record the new deed once you have authority
Once you have legal authority to transfer (survivor’s ownership, effective TOD, executor’s deed, or a court order), prepare the proper deed type (grant deed or quitclaim deed or executor’s deed). The deed must be signed by the transferor, notarized, and comply with county recording requirements. Then record the deed with the county recorder where the property is located and pay the recording fee. Keep certified copies and update title insurance if applicable.
7) Consider tax and other consequences
Transfers after death can affect property tax reassessment (California rules have changed in recent years) and potential federal or state tax consequences. Contact the county assessor about reassessment and speak with a tax professional to understand income, gift, or estate tax issues.
8) Practical next steps checklist
- Obtain a certified copy of the death certificate from the funeral home or county vital records office.
- Obtain the recorded deed from the county recorder to confirm how title was held.
- Call the county recorder and county assessor to ask what documents they require to update title and to learn about tax consequences.
- If title shows a TOD deed, collect the recorded TOD deed and certified death certificate and follow the recorder’s filing steps.
- If title was joint tenancy or survivorship, record the death certificate (and any affidavit required) then sign and record a new deed to your child.
- If title was solely in your wife’s name with no TOD, consult a probate attorney about opening probate or pursuing any applicable simplified procedure.
Key California authority and resources:
- California Probate Code — general table of contents and chapters: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB
- Revocable transfer-on-death (TOD) deeds in Probate Code: Probate Code §5600 et seq.
- California Courts — probate self-help and forms: https://www.courts.ca.gov/selfhelp-probate.htm
When to get a lawyer: If title is unclear, if the property is subject to liens or mortgage, if probate will be required, or if tax/reassessment issues are likely, consult a California probate or real estate attorney. Complex estates, disputes among heirs, or properties with significant value usually benefit from professional advice.
Disclaimer: This article provides general information about California procedures only and is not legal advice. Consult a licensed California attorney for advice about your specific situation.
Helpful Hints
- Start by obtaining a certified death certificate — recorders and other agencies require it.
- Get a copy of the recorded deed immediately to confirm how title was held.
- Call the county recorder before preparing documents; local practice on affidavits and requirements varies by county.
- If the property is encumbered by a mortgage, notify the lender — mortgage obligations often survive death.
- Don’t record anything until you have clear authority to transfer title (recording the wrong instrument can create legal problems).
- Keep originals and certified copies of all court orders and recorded documents in a safe place.
- Ask about filing fee waivers or reduced fees if you qualify.
- If you plan to transfer title to a minor, discuss guardianship/trust options with an attorney because direct ownership by a minor creates complications.