Affidavit of Surviving Spouse – Riverside County, CA

The Affidavit of Surviving Spouse is a sworn statement, titled "Succeeding to Community Property (California Probate Code Section 13540)," in which a surviving spouse declares that they succeed to a deceased spouse's interest in California real property that both treated as community property.

The Riverside County Assessor-County Clerk-Recorder publishes it among its Recorder Sample Documents. The page carries a recording block at the top ("Recording requested by and when recorded mail to" and a space reserved for the Recorder's use), a venue line for the State of California and the county, and six numbered statements. The affiant swears that:

• the decedent named in the attached certified copy of the Certificate of Death was married to the affiant at the time of death;
• both considered the described real property, located in a stated county, to be community property;
• more than forty (40) days have passed since the death;
• no election has been or will be filed under Probate Code Sections 13502 or 13503 (an election to probate the spouse's interest in the property or transfer it to a spouse's trust);
• the affiant is the successor to the decedent's interest, with full power to sell, lease, encumber and otherwise deal with the property under Probate Code Section 13540, and no other person has a right in it by testate or intestate succession;
• the affidavit is made for the benefit and protection of the affiant's successors and other parties dealing with the property, including title insurance companies.

A notary certificate (jurat) at the bottom records that the affidavit was subscribed and sworn before a notary public or other officer. The county states that it makes no representation about whether its sample documents suit your purposes.

The main group is a surviving spouse (the affiant) who wants to state under oath that they succeed to a deceased spouse's interest in California real property that the couple considered community property. The form is written for the spouse who was married to the decedent at the time of death.

The affidavit fits only when the facts it recites are true for you:

• the decedent is named in an attached certified copy of a Certificate of Death;
• the property is real property that you and the decedent at all times considered community property;
• more than forty (40) days have passed since the death;
• no election under Probate Code Section 13502 or 13503 has been filed or will be filed.

Do not use it if you have made, or will make, an election to probate the spouse's interest or transfer it to a spouse's trust, because statement 4 swears that none exists. The county says its staff cannot give legal advice or help prepare legal documents; if you are unsure whether this document fits your transaction, it directs you to an attorney or other professional advice.

The affidavit can be signed only after more than forty (40) days have passed since the decedent's death, because statement 3 swears to that fact. The form prints no other deadline, and the county page sets none for it.

It is dated and sworn before a notary public or other officer when you sign. It accompanies a certified copy of the decedent's Certificate of Death, so obtain that copy first. Because the form carries a Recorder's block and a "when recorded mail to" line, deliver it to the Riverside County Assessor-County Clerk-Recorder when you are ready to have it handled by that office.

The Riverside County Assessor-County Clerk-Recorder does not accept this form online. The agency 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.

• By mail: send the signed and notarized affidavit, with the attached certified copy of the Certificate of Death, to your local Assessor-County Clerk-Recorder office.
• In person: deliver the same package to that office.

Print the form in black ink on 8 1/2" x 11" white paper; the county requires this for all of its forms. Fill in the "when recorded mail to" block at the top so the document can be returned to the right person. The sources give no street address, fee amount or processing time for this document, so contact the office for the address of your local office and for any fee that applies. FillingPDF lets you fill out and download the PDF; submission follows the channels above.