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

Q: What form do I file to stop a TOD from going through?

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James L. Arrasmith
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Answered

A: To prevent a Transfer on Death (TOD) deed from taking effect in California, you'll need to file a revocation form with your county recorder's office.

The process requires you to complete the revocation form, have it notarized, and file it in the same county where the original TOD deed was recorded. You must file this before the death of the property owner, as the TOD becomes irrevocable once the owner passes away.

For the revocation to be valid, you'll need to record it within 60 days of signing. Keep in mind that if you're not the original property owner who created the TOD deed, you generally cannot revoke it unless you have proper legal authority through power of attorney or conservatorship. Consider consulting with an estate planning attorney to ensure proper execution of the revocation.

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