The Affidavit – Death of Transferor (TOD Deed), form REC310, is a recording document published by the San Diego Recorder/County Clerk. A beneficiary of a Revocable Transfer on Death Deed uses it to swear that the decedent named in an attached certified Certificate of Death is the transferor under that deed. It is a recording form, not a San Diego County property tax bill or payment form. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the San Diego Recorder/County Clerk.
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What is REC310?
Affidavit – Death of Transferor (TOD Deed), form REC310, is a form published by the San Diego Recorder/County Clerk in which a beneficiary swears that the decedent named in an attached certified Certificate of Death is the transferor under a recorded Revocable Transfer on Death Deed.
The sworn statement links two records. It says the decedent in the attached certified copy of the Certificate of Death is the same person as the transferor under the Revocable Transfer on Death Deed. It then identifies that deed by its date, recording date, Instrument No., Book/Reel and Page/Image in the Official Records of the county where it was recorded. It also names the beneficiary or beneficiaries and describes the property transferred. The declarant adds that he or she served the notice required by Probate Code Section 5681.
The form has two pages. Page 1 holds the recording block ("Recording requested by", "When recorded mail to and mail tax statements to"), the Assessor's Parcel No. (APN), a Declaration of Exemption From Gov't Code § 27388.1 Fee and the affidavit text. Page 2 is a notary acknowledgment certificate. The form is a recordable document: it is presented to the Recorder, and it does not by itself pay any fee or tax.
Who needs to file REC310?
The beneficiary named in a recorded Revocable Transfer on Death Deed completes this affidavit after the transferor has died. The form is written for the beneficiary or declarant: it asks for that person's name, says the declarant is of legal age and has been sworn, and has the declarant state that the Probate Code Section 5681 notice was served.
Related points from the form and the Recorder's recording page:
- The property must be located in San Diego County for the Recorder to record the document.
- The affidavit must be sworn before a notary public or other officer; page 2 is the certificate they complete.
- The Recorder's page says signatures must be original, and that the names of those signing should be legibly signed or typed or printed beside or below the signature.
The form says nothing about who may sign for a declarant. It does not apply when no Revocable Transfer on Death Deed has been recorded, because the affidavit must identify a recorded deed by instrument number and recording date.
When to file REC310
Complete the affidavit after the transferor's death, once you have a certified copy of the Certificate of Death to attach and the notice required by Probate Code Section 5681 has been served. The form prints no due date of its own. It is completed when the beneficiary is ready to have it recorded and is submitted to the San Diego Recorder/County Clerk with the recording fees, unless a fee exemption is declared on the form. The Recorder's recording page says all applicable fees must be paid at the time of recording.
Documents you need
- A certified copy of the Certificate of Death of the transferor, attached to the affidavit; the form refers to it as the "attached certified copy of Certificate of Death."
- The recording details of the Revocable Transfer on Death Deed (date, recording date, Instrument No., Book/Reel, Page/Image), which you enter on the form to identify the deed.
- A check or money order payable to San Diego Recorder/County Clerk when you mail the document, unless a fee exemption is declared on the form.
How to fill out REC310
Complete the recording request block
At the top of page 1, enter who requests recording under "Recording requested by (name)" and the name and address under "When recorded mail to and mail tax statements to." Leave the space marked "Above Space for Recorder's Use Only" blank.
Enter the Assessor's Parcel Number
Write the Assessor's Parcel No. (APN) of the property in the APN field. The Recorder's page says the APN is required on deeds by local ordinance.
Check any fee exemption that applies
In the Declaration of Exemption From Gov't Code § 27388.1 Fee, check a box only if it applies: recorded concurrently in connection with a transfer subject to Documentary Transfer Tax, a transfer to an owner-occupier of a residential dwelling, or the fee cap reached. If no valid exemption is declared, the fee is assessed.
Enter the declarant's name
On the first line of the affidavit, enter the full name of the declarant (the beneficiary), who states being of legal age and first duly sworn.
Identify the decedent and the transferor
Enter the decedent's name as shown on the attached certified Certificate of Death, and the name of the transferor under the Revocable Transfer on Death Deed. The affidavit states these are the same person.
Enter the recorded deed details
Enter the date of the TOD deed, the date it was recorded, its Instrument No., Book/Reel and Page/Image, and the county in whose Official Records it was recorded.
Name beneficiaries and describe the property
Enter the beneficiary or beneficiaries named in the deed, then the description of the property transferred and the county in California where it is located.
Complete the Section 5681 statement
Type or print the beneficiary/declarant name in the statement that the notice required by Probate Code Section 5681 was served.
Date and sign before a notary
Enter the date, type or print the declarant's name, and sign as declarant in the presence of the notary public or other officer.
Have the notary complete page 2
The officer fills in the State, County, day, month and year, the name of the person who appeared, their signature and seal. The certificate verifies only identity, not the truthfulness of the document.
Review, attach and download the PDF
Check names, dates and recording numbers against the deed and death certificate, and attach the certified Certificate of Death. Download or print the completed PDF from FillingPDF and record it as described under How to submit.
How to submit REC310
You can record the signed and notarized affidavit in person at a Recorder office or send it by mail.
- In person: record at the downtown San Diego, Chula Vista, Santee or San Marcos office. The service is not available at the Kearny Mesa office. Appointments are not required.
- By mail: send the original document with a check or money order payable to San Diego Recorder/County Clerk. For standard U.S. Mail: San Diego Recorder/County Clerk, P.O. Box 121750, San Diego, CA 92112-1750. For overnight or express mail: San Diego Recorder/County Clerk, 590 3rd Avenue, Suite 204, Chula Vista, CA 91910.
Fees are payable by cash, credit or debit card (in person only), check or money order, and a surcharge applies to card payments. See the Recorder's fee schedule for current amounts. Fee exemptions are declared in the exemption block on page 1; if no valid exemption is declared, the fee is assessed.
The Recorder's page asks for original signatures, a legible document, at least a ½" margin on the two vertical sides, and the top 2½ inches of the first page left for recording information. For questions, call (619) 238-8158 (Se habla español). FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the affidavit without a notary or other officer; page 2 is a sworn-and-subscribed certificate that is completed before the officer.
- Attaching a plain copy instead of a certified copy of the Certificate of Death that the affidavit refers to.
- Omitting the Instrument No., Book/Reel or Page/Image of the recorded TOD deed, so the deed cannot be identified.
- Leaving the Assessor's Parcel No. (APN) blank; the Recorder's page says the APN is required on deeds by local ordinance.
- Checking a fee exemption that does not apply; if no valid exemption is declared, the fee is assessed.
- Mailing the package without a check or money order payable to San Diego Recorder/County Clerk.
- Trying to record at the Kearny Mesa office, where the recording service is not available.
- Sending overnight mail to the P.O. Box, or standard mail to the Chula Vista street address, instead of the matching address.
Frequently asked questions
What is the Affidavit – Death of Transferor (TOD Deed)?
It is form REC310 from the San Diego Recorder/County Clerk. A beneficiary uses it to swear that the decedent in an attached certified Certificate of Death is the transferor under a recorded Revocable Transfer on Death Deed, and that the Probate Code Section 5681 notice was served.
Who signs the affidavit for a TOD deed in San Diego County?
The beneficiary or declarant signs. The form asks for the declarant's name, states that he or she is of legal age and first duly sworn, and requires the signature before a notary public or other officer, who completes the certificate on page 2.
Do I need to attach a death certificate to REC310?
Yes. The affidavit refers to the "attached certified copy of Certificate of Death," so a certified copy goes with the form. It is how the affidavit shows that the decedent is the transferor named in the Revocable Transfer on Death Deed.
Where do I record the affidavit in San Diego County?
Record it in person at the downtown San Diego, Chula Vista, Santee or San Marcos office, or mail the original to San Diego Recorder/County Clerk, P.O. Box 121750, San Diego, CA 92112-1750. The Kearny Mesa office does not offer this service.
Is there a fee to record this affidavit?
The Recorder says applicable fees are paid at the time of recording by cash, card (in person), check or money order. The form has a Gov't Code § 27388.1 exemption block, and without a valid exemption the fee is assessed. Check the Recorder's fee schedule for amounts.
Is this form used to pay San Diego County property tax?
No. REC310 is a recording document for a transfer on death deed. It has an APN field and a "mail tax statements to" address, but it does not pay or assess property tax. The Recorder's page says its fees and taxes are paid when a document is recorded.
Can I fill out REC310 online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or record the affidavit; you take or mail the notarized original to the San Diego Recorder/County Clerk.
Do I need an appointment to record this document?
No. The Recorder's page says appointments are not required for recording at the downtown San Diego, Chula Vista, Santee and San Marcos offices. Call (619) 238-8158 with questions; Spanish is spoken.
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