The Affidavit of Surviving Spouse is a sworn statement, headed "Surviving Spouse Succeeding to Title to Community Property" and based on Section 13540 of the California Probate Code, that is published by the Los Angeles County Registrar-Recorder/County Clerk (RR/CC). A surviving spouse uses it to state under oath, before a notary, that community property described in a recorded instrument now belongs to them after the other spouse's death. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by RR/CC at lavote.gov.
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What is Affidavit of Surviving Spouse – Los Angeles County, CA?
The Affidavit of Surviving Spouse is a sworn affidavit, titled "Surviving Spouse Succeeding to Title to Community Property (Section 13540 Probate Code of the State of California)", in which a surviving spouse swears that real property recorded as community property is theirs following the death of the decedent spouse.
The form ties the affidavit to two documents. It refers to the attached certified copy of the Certificate of Death, and it identifies an earlier recorded instrument in which the decedent was a party, by type, date, the parties, Instrument No., Book, Page and the county whose Official Records hold it. It then describes the property.
The affiant swears to a fixed set of statements: that they were married to the decedent at the time of death; that the property has always been considered their community property with the decedent; that more than forty (40) days have passed since the death and no notice has been recorded under Section 13541 of the Probate Code; that no election under Probate Code Sections 13502 or 13503 has been or will be filed; and that the property has not passed to someone else under the will or by intestate succession, has not been placed in trust under the will, and is not limited to a qualified ownership by the will.
The page is a recordable document. It has a "Recording Requested By" block, a "When recorded mail document to" block, a space for the APN No. and a space reserved for the Recorder's use, and it ends with a notary certificate. The form says that the notary verifies only the identity of the signer, not the truthfulness of the document.
It is not the form for joint tenancy. RR/CC publishes a separate Affidavit of Death of Joint Tenant/Trustee for a survivor of a joint tenancy.
Who needs to file Affidavit of Surviving Spouse – Los Angeles County, CA?
A surviving spouse who is succeeding to title to real property that was held as community property with the deceased spouse is the person who completes and signs this affidavit. The form calls this person the affiant.
The statements printed on the form set the conditions. You can sign only if you were married to the decedent at the time of death, the property has always been considered your community property with the decedent, and the property is described in a recorded instrument that you can identify by Instrument No., Book and Page. The form also states that the property has not passed to anyone other than you under the decedent's will or by intestate succession, that it has not been placed in trust under the will, and that the will does not limit you to a qualified ownership. It states that no election under Probate Code Sections 13502 or 13503 has been or will be filed.
The affidavit is made for the protection and benefit of the surviving spouse, their successors, assigns and personal representatives, and others who later deal with the property.
Do not use this form if the property is held in joint tenancy; RR/CC publishes the Affidavit of Death of Joint Tenant/Trustee for that situation, and its page says consulting an attorney may be advisable because a change in ownership of real property has legal aspects.
When to file Affidavit of Surviving Spouse – Los Angeles County, CA
The affidavit can be signed only once more than forty (40) days have passed since the decedent's death and no notice has been recorded under Section 13541 of the Probate Code; the form itself makes both statements under oath. The form prints no other deadline.
Because it is a recordable affidavit that refers to an attached certified copy of the Certificate of Death, you complete it when you are ready to record it. Have the details of the earlier recorded instrument at hand first: its type and date, the parties, the Instrument No., the Book and Page, and the county of the Official Records. The notary section is completed on the day you swear the affidavit, with the day, month and year written in.
Documents you need
- A certified copy of the Certificate of Death of the decedent, attached to the affidavit; the form refers to it as the attached certified copy.
- Details of the earlier recorded instrument naming the decedent: its type and date, the parties, Instrument No., Book, Page and the county of the Official Records, entered on the form.
- A Preliminary Change of Ownership Report, only if RR/CC requires it for your recording; RR/CC lists it for the Affidavit of Death of Joint Tenant/Trustee, so confirm with RR/CC for this affidavit.
How to fill out Affidavit of Surviving Spouse – Los Angeles County, CA
Complete the recording request block
At the top left, enter the name and address under "When recorded mail document to" (NAME, ADDRESS, CITY, STATE & ZIP) and the APN No. Leave the area marked "Above Space for Recorder's Use Only" empty.
Enter the county and affiant's name
Under "State of California", write the county on the "County of" line. On the next line, write the full name of the surviving spouse who is swearing the affidavit.
Name the decedent and the recorded instrument
Enter the decedent's name, as it appears on the attached certified Certificate of Death. Then enter the type of the recorded instrument, its date, who executed it and to whom, as the form's fill-in lines ask.
Enter the recording details
Write the Instrument No., the Book, the Page and the county whose Official Records contain the instrument. Then enter the county where the property is situated.
Describe the property
Write the description of the property in the space after "covering the following described property", matching the recorded instrument.
Enter the spouse's name
On the line beginning "That he/she was married to", enter the name the form asks for, married to the affiant at the time of the decedent's death, and choose he or she as it applies.
Read the sworn statements
Confirm that each printed statement is true for you: the forty (40) days, no Section 13541 notice, no election under Sections 13502 or 13503, and the will and succession statements.
Date and sign the affidavit
Enter the date on the "Dated" line and sign on the signature line. The notary certificate says the affidavit is subscribed and sworn before the notary.
Have the notary complete the certificate
The notary fills in the state and county, the day, month and year (20__), the signer's name, the notary signature and the seal. The notary verifies only your identity.
Attach the death certificate and download
Review every line, then download or print the completed PDF from FillingPDF and attach the certified copy of the Certificate of Death before presenting it as described under How to submit.
How to submit Affidavit of Surviving Spouse – Los Angeles County, CA
The form names no mailing address, portal or office of its own. It is a document prepared for recording, so it is presented to the Recorder at the Los Angeles County Registrar-Recorder/County Clerk (RR/CC) with its attachments.
- On the form: enter your name and address in the "Recording Requested By" and "When recorded mail document to" blocks, and the APN No. where the form asks for it. Leave the space marked "Above Space for Recorder's Use Only" blank.
- With the affidavit: attach a certified copy of the Certificate of Death, which the form refers to as attached.
- Related RR/CC guidance: the RR/CC page for the Affidavit of Death of Joint Tenant/Trustee says that, at the time of recording, the completed affidavit is presented with a certified death certificate and a Preliminary Change of Ownership Report. That page lists RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, and the County Assessor's offices, as places where the report is available. Ask RR/CC whether the report is also required for your recording.
FillingPDF lets you fill out and download the PDF; submission follows the RR/CC channels above.
Common mistakes to avoid
- Signing the affidavit before more than forty (40) days have passed since the decedent's death; the form swears that this period has passed.
- Signing when a notice has been recorded under Section 13541 of the Probate Code, although the form states that none has been recorded.
- Signing when an election under Probate Code Sections 13502 or 13503 has been or will be filed in a probate proceeding; the form states that none has.
- Leaving out the certified copy of the Certificate of Death that the affidavit refers to as attached.
- Skipping the Instrument No., Book, Page or county of the Official Records for the earlier recorded instrument.
- Writing in the space marked "Above Space for Recorder's Use Only".
- Leaving the notary certificate incomplete: the day, month, year, the signer's name, the notary's signature and the seal.
- Using this affidavit for property held in joint tenancy, for which RR/CC publishes the Affidavit of Death of Joint Tenant/Trustee.
Frequently asked questions
What is the Affidavit of Surviving Spouse?
It is a sworn affidavit published by the Los Angeles County Registrar-Recorder/County Clerk under Section 13540 of the California Probate Code. A surviving spouse uses it to state that community property described in a recorded instrument now belongs to them after the other spouse's death.
How long after a spouse's death can I sign the affidavit?
More than forty (40) days must have passed since the death. The form has you swear that this period has passed and that no notice has been recorded under Section 13541 of the Probate Code. The form prints no other time limit.
Does the Affidavit of Surviving Spouse have to be notarized?
Yes. The form ends with a certificate stating the affidavit is subscribed and sworn before a notary, who writes the date, the signer's name and signs with a seal. The notary verifies only your identity, not the truth of the statements.
What do I attach to the Affidavit of Surviving Spouse?
Attach a certified copy of the Certificate of Death, which the form names as attached. RR/CC's page for the Affidavit of Death of Joint Tenant/Trustee also lists a Preliminary Change of Ownership Report; ask RR/CC if it applies to your recording.
What is the difference between this affidavit and the Affidavit of Death of Joint Tenant?
This form is for a surviving spouse succeeding to community property under Probate Code Section 13540. RR/CC publishes the Affidavit of Death of Joint Tenant/Trustee for a survivor when parties held title as joint tenants and one has died.
Where do I record the Affidavit of Surviving Spouse in Los Angeles County?
It is presented for recording to the Los Angeles County Registrar-Recorder/County Clerk. The form itself prints no address, but RR/CC lists offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys on its related affidavit page.
Can I fill out the Affidavit of Surviving Spouse online?
You can complete the PDF online on FillingPDF and download or print it. FillingPDF does not record, file or notarize the affidavit and is not connected to RR/CC; you still need a notary and must present it to RR/CC yourself.
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