A California revocable transfer on death deed has to be signed, dated, acknowledged before a notary and signed by two witnesses. It then has to be recorded within 60 days of the notarization, or it has no effect.
The notary handles one part of that. The rest is yours to arrange, and whether this deed suits your situation is a question for an attorney. This post covers what the appointment itself involves. For deeds in general, see our deeds page.
What the law asks for
Probate Code section 5624 sets out the signing requirements:
- The owner signs and dates the deed.
- The owner acknowledges the deed before a notary public.
- Two witnesses sign. They must be present at the same time, and they must see the owner either sign the deed or acknowledge having signed it.
The witness rule was added after the deed was first introduced, and older copies of the form may not reflect it. Use a current form. The Los Angeles County Registrar-Recorder publishes a version on its website, along with a question-and-answer sheet.
Before the notary arrives
- Finish the form. A notary must refuse a document that is clearly incomplete. The names of the beneficiaries and the legal description of the property need to be filled in, and a notary can’t tell you what to write.
- Line up your witnesses. Read the witness instructions on the form and make sure both people can be there together. If you’re unsure who qualifies, ask an attorney before the appointment. Our guide to types of witnesses explains how a document witness differs from the witnesses a notary uses for ID.
- Have your ID ready. The owner needs acceptable ID. According to the statutory form, the witnesses’ signatures don’t need to be notarized.
At the appointment
The notary identifies the owner, records the notarization in the journal and completes the California acknowledgment. Because this document affects real property, the owner also leaves a thumbprint in the journal.
The notary doesn’t check whether the beneficiary is the right choice, whether you own the property the way the deed describes, or whether the deed will do what you want. The certificate verifies the identity of the signer, not the document’s accuracy or validity.
After the appointment: the 60-day deadline
Under Probate Code section 5626, the deed isn’t effective unless it is recorded on or before 60 days after it was acknowledged before the notary. Record it in the county where the property is located. In Los Angeles County, that means the Registrar-Recorder/County Clerk.
The county’s form and its rejection notice both warn people to watch the dates closely. If a deed is signed well before the notary visit, or sits in a drawer afterward, the safest approach is to check the deadline with the recorder rather than guess. If time runs out, the county suggests the document may need to be signed and acknowledged again.
Two things people assume
- It only covers your share. The county’s form says the deed transfers only the signer’s ownership share, not a co-owner’s share.
- A notarized deed isn’t a finished deed. Notarization is one step. Without timely recording, the deed has no effect, however carefully it was signed.
If you’re working with an agent or investor on the same property, our page on real estate notary work covers other documents that often come up.
Need a notary? We come to you anywhere in Los Angeles County, 24/7 by appointment. Book online or call (424) 484-9268.