The Affidavit of Surviving Spouse (Succeeding to Community Property, California Probate Code Section 13540) is a recordable form published by the San Bernardino County Assessor-Recorder-County Clerk as form ARC 115. A surviving spouse swears in it that real property held as community property passes to them. It appears on the county's forms page among its San Bernardino County property tax and recording forms, listed as a Recorder form. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the county publishes the original at arc.sbcounty.gov.
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What is ARC 115?
The Affidavit of Surviving Spouse is a sworn statement, titled "Succeeding to Community Property, California Probate Code Section 13540," in which a surviving spouse identifies real property that was community property of the spouse and the decedent and declares that it now belongs to the survivor.
The San Bernardino County Assessor-Recorder-County Clerk issues it as form ARC 115, revision 07/01/2026. The county's forms page lists it as a Recorder form. The top of the form carries the usual recording blocks: Recording requested by, And when recorded mail to, the Assessor Parcel Number, and a space marked for Recorder use only.
In the affidavit the affiant identifies the decedent, the recorded instrument that describes the property (its date, the parties, the Instrument No., Book and Page, and the county of the Official Records), and the legal description of the property. The affiant then swears to a set of statements about the marriage, the community-property character of the property, the 40-day period, the absence of an election, and the will. A notary section is part of the same page.
The county's forms page lists other death-related documents separately, such as Affidavit- Death of Joint Tenant and Change in Ownership Statement – Death of Real Property Owner (BOE-502-D). Each is its own form; this affidavit covers community property passing to a surviving spouse under Probate Code Section 13540.
Who needs to file ARC 115?
The main user is a surviving spouse (the affiant) who is succeeding to real property that was community property of the affiant and the decedent. 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 or acquire an interest in the property.
The affiant must be able to swear to each statement printed on the form:
- The affiant was married to the decedent at the time of death.
- The property has been considered community property of the affiant and the decedent at all times since acquisition.
- More than forty (40) days have passed since the death, and no notice has been recorded under Section 13541 of the Probate Code.
- No election has been or will be filed under Probate Code Sections 13502 or 13503 for this property in any probate proceeding.
- The property has not passed to someone other than the affiant under the decedent's will or by intestate succession.
- The property has not been disposed of in a trust under the will, and the will does not limit the affiant to a qualified ownership.
If any of these statements is not true, the form is not the right document. The form does not describe signing by a representative: it is sworn by the affiant before a notary.
When to file ARC 115
The triggering event is the passage of more than forty (40) days since the death of the decedent with no notice recorded under Section 13541 of the Probate Code; the affiant swears to both facts on the form, so the affidavit cannot truthfully be signed before then. The form prints no other deadline, expiration or renewal date. The affiant signs and dates it, and the notary completes the sworn certificate on the date of signing. Check with the Assessor-Recorder-County Clerk about any timing that applies to recording a document.
Documents you need
- The full legal description of the real property, written on the form or attached as Exhibit "A"; the form asks for it where it describes the property.
- The recording details of the instrument that describes the property: its date, the parties, the Instrument No., Book, Page and the county of the Official Records.
- The Assessor Parcel Number, entered in the block at the top of the form.
How to fill out ARC 115
Fill in the recording block
At the top, enter who is requesting recording, the address to mail the document to once recorded, and the Assessor Parcel Number. Leave the space marked for Recorder use only empty.
Enter the state, county and your name
Under the title, complete State of California and County of, then write your name on the line that begins "I," as the affiant.
Identify the decedent and the instrument
Enter the decedent's name, the date of the instrument, who executed it and to whom, and the Instrument No., Book and Page. Add the county of the Official Records.
Describe the property
Enter the county where the property sits and its full legal description, or attach the description as Exhibit "A".
Name the decedent you were married to
On the line that begins "That he/she was married to," enter the decedent's name, since you swear you were married at the time of death.
Read the sworn statements
Confirm each statement is true before you sign: community property since acquisition, more than forty (40) days passed with no Section 13541 notice, no election under Sections 13502 or 13503, and the will and trust statements.
Date and sign as affiant
Enter the date and sign on the Signature of Affiant line. The form's certificate states that the document is sworn before the notary.
Have the notary complete the certificate
The notary fills in the state, county, date, and the name of the person who appeared, then signs and affixes the seal. The notary verifies only identity, not the truth of the document.
Review and download the completed PDF
Check every line against the recorded instrument, then download or print the completed PDF from FillingPDF and take it for signing before the notary and recording as described under How to submit.
How to submit ARC 115
The form names no mailing address, portal or appointment rule of its own. It is a recordable document: its top block reads Recording requested by and And when recorded mail to, and the space beside it is marked for Recorder use only, so it is meant to be recorded by the county Recorder after it is signed and notarized.
The county's forms page at https://arc.sbcounty.gov/forms-fees/ lists the Affidavit of Surviving Spouse as a Recorder form. The same list includes a Document Cover Sheet and a Fee Schedule (Recorder-County Clerk); ask the Assessor-Recorder-County Clerk whether a cover sheet or fee applies to your recording, and for the current amount.
Before you deliver it, enter the return address in the recording block and the Assessor Parcel Number, attach Exhibit "A" if you use it for the legal description, and have the notary complete the certificate. FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Signing the affidavit before more than forty (40) days have passed since the decedent's death; the form swears that the 40 days have passed.
- Signing when a notice has been recorded under Section 13541 of the Probate Code; the form states that none has been recorded.
- Using the form when an election has been or will be filed under Probate Code Sections 13502 or 13503 for the property.
- Using it for property that passed to someone other than the affiant under the will or by intestate succession.
- Using it when the will puts the property in a trust or limits the affiant to a qualified ownership; the form states neither is the case.
- Leaving out the legal description instead of writing it on the form or attaching it as Exhibit "A".
- Leaving the Assessor Parcel Number or the And when recorded mail to block blank on a document meant to be recorded.
- Submitting the form without the notary section completed; the sworn certificate is part of the page.
Frequently asked questions
What is the Affidavit of Surviving Spouse (ARC 115)?
It is a San Bernardino County Assessor-Recorder-County Clerk form, titled "Succeeding to Community Property, California Probate Code Section 13540." The surviving spouse swears that described real property was community property and now passes to the survivor. It is meant to be recorded by the Recorder.
Who can sign the Affidavit of Surviving Spouse?
The surviving spouse signs as the affiant. The form has the affiant swear to being married to the decedent at the time of death and to a set of statements about the property and the will. It prints no signature line for a representative.
How long must I wait after my spouse's death to use this affidavit?
More than forty (40) days must have passed since the death, and no notice may have been recorded under Section 13541 of the Probate Code. The affidavit states both facts, so signing earlier would make it untrue.
Does the Affidavit of Surviving Spouse need to be notarized?
Yes, the form includes a sworn certificate for a notary public, with a signature and seal. The certificate says the notary verifies only the identity of the signer, not the truthfulness, accuracy or validity of the document.
Where do I record the Affidavit of Surviving Spouse?
The form is laid out for recording: it has a recording-request block and a space for Recorder use only, and the county's forms page lists it as a Recorder form. It prints no address, so ask the Assessor-Recorder-County Clerk where and how to record it.
Can I use this affidavit if the will leaves the property to someone else?
No. The affiant swears that the property has not passed to someone other than the affiant under the will or by intestate succession, was not put into a trust under the will, and that the will does not limit the affiant to a qualified ownership.
Can I fill out the Affidavit of Surviving Spouse online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not record or file the document; the county receives it only through its own channels, after the notary completes the certificate.
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