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California offers a type of deed known as a revocable transfer-on-death deed, which allows a title holder to list beneficiaries to whom the property should automatically transfer upon their death. If a valid transfer-on-death deed exists, it is unlikely the property in question would have to be probated.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.
When a beneficiary inherits assets from a deceased owner, the beneficiary receives what is known as the "step up" in basis; essentially, the date of death value becomes the applicable value for purposes of calculating capital gains tax. This significant benefit is lost when a loved one is simply added to title.
You must wait at least 40 days after the person dies. What if I need help? Or, read the law on property transfers. See California Probate Code, §§ 13100-13115.
In 2016, the laws in California were updated to allow people with a home, condo, farm of 40 acres or less, or a multi-unit building with no more than four units to be designated on a property deed known as a Transfer-on-Death deed which the beneficiary of the property would be at the owner's death.