The Affidavit Death of Spouse is a sworn statement, published by the Riverside County Assessor-County Clerk-Recorder among its Recorder Sample Documents, in which a surviving spouse states that the decedent and the affiant held title to a property as "husband and wife" or "husband and wife as community property." If you came looking for Riverside County property tax forms, note that this document identifies a property by APN and TRA and is made for recording; it is not a tax bill or payment form. On FillingPDF you can fill out the form online and download or print the completed PDF. The county publishes the original at the official link, and its forms cannot be submitted online.
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What is Affidavit Death of Spouse – Riverside County, CA?
The Affidavit Death of Spouse is a sworn statement, published by the Riverside County Assessor-County Clerk-Recorder as a Recorder Sample Document, in which a surviving spouse declares that the other spouse died and that they held title to a property as husband and wife.
The page printed on the form is titled "AFFIDAVIT – DEATH OF SPOUSE" and opens with a recording block ("Recording requested by and when recorded mail to"), lines for the APN and TRA, and a "space above this line for Recorder's use." The affiant then swears to a series of statements:
- the affiant was validly married to the decedent immediately before the decedent's death, and they held title as "husband and wife" or "husband and wife as community property" to the property described on the form;
- the date of marriage, that the affiant is the widow or widower, and the date of death, evidenced by an attached certified copy of the Certificate of Death;
- either that no will was executed or declared, or that any will present is the last complete will and devised the property to the affiant;
- that the property has always been considered community property;
- that no election has been or will be filed under Probate Code Sections 13502 or 13503 in any probate proceeding;
- that the affidavit is made for the protection and benefit of the Grantee or Grantees of the property and others who later deal with it, and that the affiant will testify to these facts.
The form ends with a date, the affiant's signature and a California notary certificate. The county states that it makes no representation about the suitability of its sample documents and that its employees cannot give legal advice.
Who needs to file Affidavit Death of Spouse – Riverside County, CA?
The main user is a surviving spouse who held title to a property with the deceased spouse as "husband and wife" or "husband and wife as community property" and who can truthfully swear to every statement printed on the form. That person signs as the affiant and is described on the form as the widow or widower of the decedent.
The statements set the conditions for use:
- The affiant and decedent were married immediately before the decedent's death.
- Either no will exists, or the last complete will (with any codicils or amendments) devised the property to the affiant.
- The property was always treated as community property by both spouses.
- No election under Probate Code Sections 13502 or 13503 has been filed or will be filed in any probate proceeding for this property.
If any of these statements is not true for your situation, this affidavit does not fit it. The form says it is made for the protection of the Grantee or Grantees of the property, so buyers, successors and others who later deal with the property are the people who rely on it. The form is written for the affiant personally; it names no representative who may sign in the affiant's place. The county advises anyone unsure which document suits a transaction to consult an attorney or obtain other professional advice.
When to file Affidavit Death of Spouse – Riverside County, CA
You can complete this affidavit only after the spouse has died: it requires the date of death and refers to a certified copy of the Certificate of Death attached to it. No separate due date is printed on the form. Because it carries the "when recorded mail to" block and the Recorder's-use space, it is prepared for recording with the Assessor-County Clerk-Recorder. The county's forms page sets no filing window for it, so allow time to obtain the certified death certificate and to sign before a notary or other officer before you deliver it.
Documents you need
- A certified copy of the decedent's Certificate of Death, attached to the affidavit; the form states that the date of death is evidenced by it.
How to fill out Affidavit Death of Spouse – Riverside County, CA
Complete the recording block
At the top, fill in "Recording requested by and when recorded mail to" with the person or company to whom the recorded document should be returned, and enter the APN and TRA if you have them. Leave the space above the line for Recorder's use empty.
Enter the state and county
Under the title "AFFIDAVIT – DEATH OF SPOUSE," the form is headed State of California; write the county where the affidavit is sworn on the "County of" line.
Name the affiant and the decedent
Enter the affiant's full name before "being first duly sworn," and then the name of the decedent to whom the affiant was married immediately before the death. Circle or mark he/she as the form requires.
Describe the property
In the space after "to the following described property," write the description of the property held by the affiant and decedent as "husband and wife" or "husband and wife as community property."
Enter the marriage date
Write the date on which the affiant and decedent were married, and mark whether the affiant is the widow or the widower of the decedent.
Enter the date of death
Write the decedent's name and the date of death, then attach the certified copy of the Certificate of Death that the form refers to.
Choose the will statement
Select either statement 1, that no will was executed or otherwise declared, or statement 2, that any will present is the last complete will and devised the property to the affiant. Use only the one that is true.
Read the remaining sworn statements
Check the community property statement, the statement that no Probate Code Section 13502 or 13503 election has been or will be filed, and the statements for the protection of the Grantee or Grantees and about testifying. The affiant swears to all of them by signing.
Date and sign before a notary
Enter the date next to "Dated" and sign on the signature line in the presence of the notary public or other officer, who completes the California certificate with the county, the date and the affiant's name.
Review, download and print
Check names, dates and the property description against the death certificate and title documents, then download or print the completed PDF from FillingPDF. Print it in black ink on 8 1/2" x 11" white paper and deliver it as described under How to submit.
How to submit Affidavit Death of Spouse – Riverside County, CA
The county's forms cannot be submitted online; deliver the completed form by mail or in person to your local Assessor-County Clerk-Recorder office.
- By mail: send the printed, signed and notarized affidavit, with the certified copy of the Certificate of Death attached, to your local Assessor-County Clerk-Recorder office.
- In person: bring the same documents to your local Assessor-County Clerk-Recorder office.
Print the form in black ink on 8 1/2" x 11" white paper, as the county requires for all its forms. Fill in the "Recording requested by and when recorded mail to" block so the recorded document comes back to the right person. The form does not print a mailing address, fee or office hours; confirm them with the county through https://www.rivcoacr.org/-forms. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving out the certified copy of the Certificate of Death; the form states the date of death is evidenced by a certified copy attached to it.
- Signing the affidavit without a notary or other officer; the certificate reads "subscribed and sworn to (or affirmed) before me," and the notary completes that section.
- Swearing to the form when the property was not held as "husband and wife" or "husband and wife as community property," which is the title the affiant states.
- Using the form when an election under Probate Code Sections 13502 or 13503 has been or will be filed, since the affiant swears none has been or will be.
- Failing to choose between the two will statements: no will was executed or declared, or the last complete will devised the property to the affiant.
- Printing on colored paper, another paper size or in a color other than black ink; the county requires black ink on 8 1/2" x 11" white paper.
- Trying to submit the form online; the county's forms must be delivered by mail or in person to the local Assessor-County Clerk-Recorder office.
- Leaving the "Recording requested by and when recorded mail to" block blank, so the office has no return address for the recorded document.
Frequently asked questions
What is the Affidavit Death of Spouse in Riverside County?
It is a sworn statement, published by the Riverside County Assessor-County Clerk-Recorder as a Recorder Sample Document, in which a surviving spouse states that the other spouse died and that they held title to a described property as husband and wife, as community property.
Is the Affidavit Death of Spouse a tax form?
No. It is a recording document: it carries a "when recorded mail to" block, APN and TRA lines and a space for Recorder's use. The county says it cannot advise which document suits your transaction, so ask an attorney if you are unsure.
Do I need a notary for the Affidavit Death of Spouse?
Yes, the form includes a California certificate for a notary public or other officer, reading "subscribed and sworn to (or affirmed) before me." The certificate states that the officer verifies only the signer's identity, not the truthfulness, accuracy or validity of the affidavit.
What do I attach to the Affidavit Death of Spouse?
Attach a certified copy of the decedent's Certificate of Death. The form states that the date of death is evidenced by that certified copy. It lists no other attachments.
Can I use the affidavit if the deceased spouse left a will?
Possibly. The form allows either that no will was executed, or that any will present is the last complete will, with codicils or amendments, and devised the property to the affiant. The affiant must be certain which statement is true.
Can I submit the Affidavit Death of Spouse online?
No. The county says its forms do not allow online submission and must be delivered by mail or in person to your local Assessor-County Clerk-Recorder office. Print in black ink on 8 1/2" x 11" white paper.
Can I fill out the Affidavit Death of Spouse online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not connected to the county and does not file or record the affidavit; you deliver it to the county yourself.
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