Manteca, CA asked in Real Estate Law and Probate for California

Q: Can a grant deed that will be filed in California be notarized in Oregon?

Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!

Related Topics:
2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how to do that. Or have the deed prepared by an attorney who understands this.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, you can have a grant deed notarized in Oregon even if it will be filed in California. The key requirement is that the notary public in Oregon is properly commissioned and authorized to perform notarizations there. Make sure the executor signs the deed in the presence of the Oregon notary to ensure the notarization is valid.

However, since the property transfer is occurring through probate, there may be additional legal requirements to consider. It’s important to ensure that all probate procedures are correctly followed and that the notarized deed meets California’s specific standards for probate transfers. This helps avoid any delays or issues when filing the deed with the California county recorder’s office.

To ensure everything proceeds smoothly, you might want to contact the recorder’s office in the county where the property is located. They can provide guidance on any specific documentation or steps needed for out-of-state notarizations. Taking these precautions will help facilitate a convenient and legally sound transfer of the real property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.