Q: How can I remove a transfer on death deed filed after 60 days from being signed, in California?

A: In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate court and the county assessor recognize the transfer as invalid, the deed's impact on the property title needs to be corrected.

First, you may need to file a legal document, such as a petition or affidavit, with the county recorder's office to officially void the late-filed TOD deed. This document should explain the situation and provide evidence that the deed was not filed within the required timeframe, thus making it invalid. Legal documentation like this typically clarifies the property's status and can help rectify the title issue.

Consulting with a legal professional who has experience in real estate or estate planning law is crucial. They can guide you through the process of preparing and filing the necessary documents to correct the property title. Moreover, they can provide advice on how to navigate any additional legal hurdles that may arise from this situation, ensuring the property can be sold or properly included in the estate for probate, if necessary.

A: Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:

1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing.

2. Cite California Probate Code Section 5600 which declares TOD deeds void if not recorded within 60 days of being signed. Provide evidence of the signing date versus recording date.

3. Serve notice to all beneficiaries listed on the invalid TOD deed, allowing them time to object. But highlight the 60-day timing issue.

4. If the court issues the revocation, record the court order revoking the deed with the county recorder's office. This effectively cancels the prior recorded TOD deed.

5. Petition the court for an order confirming the property as part of the decedent's estate, to then be distributed through probate or trusts and estates procedures.

The court has authority to revoke invalid TOD deeds and confirm rightful ownership. This court order recorded should provide the backing needed to demonstrate the deed is void and sell the property as part of the estate. Consulting a probate/estate attorney for specifics is wise as well. But this is the general process in California.