Can I Avoid Probate for My California Home with AB 2016?

Yes, AB 2016 allows California homeowners to avoid probate by recording a Revocable Transfer on Death (TOD) deed. This law, made permanent in 2022, lets you pass your home directly to a named beneficiary—without court.

What is AB 2016 and how does it work?

AB 2016 made the Revocable Transfer on Death Deed a permanent part of California law. Here’s what it does:

• Allows you to name a beneficiary who receives your home upon death.

• Avoids probate court, saving heirs time and money.

• Can be revoked anytime, as long as you're mentally competent.

• Only applies to real property, such as your primary residence or vacation home.

This is especially useful for families in Los Angeles County, where probate backlogs can cause delays lasting 9–18 months.

Who should consider using a TOD deed in California?

A TOD deed under AB 2016 is ideal for:

• Single homeowners who want to leave property to one or two heirs.

• Elderly homeowners wanting to avoid expensive probate delays.

• Parents with adult children who don't need trusts or complex planning.

If you live in Pasadena or surrounding LA areas, using a TOD deed could save your heirs thousands in legal fees.

What are the limitations of AB 2016 for probate avoidance?

While AB 2016 offers flexibility, it’s not for everyone:

• No mortgage protection: Beneficiaries inherit any liens or loans.

• Multiple beneficiaries may conflict: TOD deeds don't split percentages.

• Doesn’t avoid other taxes or Medi-Cal recovery.

In Los Angeles County, it’s smart to consult a probate-experienced real estate team or estate planning attorney before relying solely on a TOD deed.

What’s the difference between a TOD deed and a living trust?

Feature TOD Deed (AB 2016) Living Trust

Probate Avoidance ✅ Yes ✅ Yes

Revocable ✅ Yes ✅ Yes

Covers Multiple Assets ❌ Real property only ✅ All asset types

Cost 💲 Low (DIY or $250–$600) 💲💲 Higher (avg $2,000+)

Recommended For Simple estates Complex/multi-asset estates

How to file a TOD deed to avoid probate under AB 2016

1. Download the California TOD deed form from the Secretary of State’s website or your county recorder.

2. Fill it out completely, including legal description of your property.

3. Have it notarized.

4. Record it at your county recorder’s office before death.

If your property is in Los Angeles County, the deed must be filed with the LA County Registrar-Recorder.

Should I get help from a probate real estate team?

Yes. Even if you plan to use AB 2016 to avoid probate, things can go wrong—especially if the property still ends up in probate due to errors.

The Borges Real Estate Team specializes in helping LA families navigate probate and TOD deed issues.

Contact us here.