Can I Avoid Probate for My California Home with a Transfer on Death Deed?

Yes in many cases, you can avoid probate for your California home by using a Transfer on Death (TOD) Deed.
But there are crucial rules, timelines, and risks you should know — especially if you’re in Los Angeles County or Pasadena.

What is a Transfer on Death (TOD) Deed in California?

A Transfer on Death Deed, also called a beneficiary deed, lets a homeowner pass real estate directly to a chosen person (called a “beneficiary”) without going through probate when they die.

It became legal in California in 2016 under AB 139, and was later improved with AB 2016, which made the deed process more secure and permanent.

Here’s how it works:

• While alive, the homeowner files a TOD Deed with the county recorder (e.g. Los Angeles County Recorder’s Office).

• The deed names one or more beneficiaries to inherit the home.

• The homeowner retains full ownership and control during their lifetime.

• When they pass, the property transfers directly to the named beneficiary — skipping probate entirely.

What Homes Qualify for a TOD Deed?

A California Transfer on Death Deed can only be used for:

✅ A single-family home or condo
✅ A property with 1–4 residential units
✅ A manufactured home (if registered properly)
✅ A property located in California

📍If you live in Pasadena, Los Angeles, or anywhere in Los Angeles County, this includes most standard residential homes — but not commercial properties or out-of-state homes.

What Are the Benefits of a TOD Deed?

Using a TOD Deed can save your loved ones months of legal delays and thousands in probate fees.

Major Benefits:

• ✅ Avoids formal probate court

• ✅ Keeps ownership private and fast

• ✅ Maintains your control during life

• ✅ Simple to revoke or change

• ✅ Much cheaper than a living trust

What Are the Risks of a TOD Deed?

While TOD Deeds offer flexibility, they come with important limitations — especially in LA County.

Key Risks:

• ❌ Must be properly recorded before death to be valid

• ❌ Beneficiaries take the home with all liens or debts

• ❌ Can cause disputes if other heirs weren’t informed

• ❌ Doesn’t avoid Medi-Cal Estate Recovery if the home is subject

• ❌ Title issues may arise if you refinance or sell in future

What Did AB 2016 Change?

Assembly Bill 2016 (AB 2016) went into effect on January 1, 2022, and significantly improved California's TOD deed process:

Old Law (AB 139) New Law (AB 2016)

No witness required Now requires 2 disinterested witnesses

No penalty of perjury clause Must now include affirmation under penalty of perjury

No default revocation method Clear rules for revocation and recording deadlines

Caused title confusion Clarified title transfer procedures

💡 Bottom line: If you recorded your TOD Deed before 2022, you may want to update it to meet AB 2016 standards.

Do I Still Need a Trust if I Use a TOD Deed?

In some cases, a TOD deed can take the place of a trust for your home.

BUT — if you:

• Own multiple properties

• Have blended family dynamics

• Want long-term control (like staged inheritance)

…then a revocable living trust might still be better.

🏡 For many homeowners in Pasadena and Los Angeles, a TOD Deed is a great option to transfer a home without the legal and financial weight of probate — especially for a single home with a clear title.

How Do I Set Up a TOD Deed in Los Angeles County?

1. Download the official California TOD form

2. Fill it out with your property and beneficiary information

3. Sign in front of two disinterested witnesses

4. File it with the Los Angeles County Recorder’s Office within 60 days

📍 You can also work with a probate-savvy real estate team to make sure you don’t miss anything that could invalidate the deed.

What Happens After Death with a TOD Deed?

Once the homeowner passes, the beneficiary:

• Files a Change in Ownership form

• Submits a death certificate to the county

• Takes title with no probate court process

They now own the property — but are responsible for any mortgages, taxes, or HOA fees attached to it.

Final Thoughts: Should You Use a TOD Deed in LA?

If you're a homeowner in Los Angeles County or Pasadena with a simple estate and a trusted beneficiary, a TOD Deed may be one of the easiest ways to avoid probate.

But if you’re unsure — or have questions about the legal or financial risks — talk to a probate attorney or experienced real estate team.

👉 Need help reviewing your situation? Contact our team — we’ve helped dozens of families avoid probate pitfalls and plan smarter.