RECORDING REQUESTED BY:
______________________________________
Above Space for Recorder’s Use Only
WHEN RECORDED MAIL TO:
Name:____________________________________
Address:__________________________________
City:_____________________________________
State, Zip:_________________________________
AFFIDAVIT
Surviving Spouse Succeeding to Title to Community Property
(Section 13540 Probate Code of the State of California)
Assessor’s Parcel Number: ____________________________
STATE OF CALIFORNIA
COUNTY OF _______________________________________
______________________________________________________, of legal age, being first duly sworn, deposes and says: that
______________________________________________________, the decedent mentioned in the attached certificate copy of Certificate of Death, is the same
person as _________________________________________________________ named as one of the parties in that certain _________________________dated
dated _______________________, executed by _______________________________________________________________________________________ to
_____________________________________________________________________________________________________ as community property, recorded as
Instrument No. _____________________ on _________________________________ in Book _________________, Page ______________, of Official Records of
________________________________________ County, California, covering the following described property situated in the
_________________________________________ County of ______________________________________, State of California.
___________________________________________________________________________________________________________________
That he/she was married to _________________________________________________ at the time of the death of the decedent.
That the above-described property has been at all times since acquisition considered the community property of him/her and decedent. More than forty (40) days
have passed since the death of the above named decedent, and no notice has been recorded pursuant to Section 13541 of the Probate Code.
That, with respect to the above-described property, there has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 in any
probate proceedings in any court of competent jurisdiction.
That the above described property has not passed to someone other than the affiant under the decedent’s will or by intestate succession. That the property has not
been disposed of in the trust under the decedent’s will. That the decedent’s will does not limit the affiant to a qualified ownership.
That this Affidavit is made for the protection and benefit of the surviving spouse, his/her successors, assigns and personal representatives and all other parties
hereafter dealing with or who may acquire an interest in the above property.
_______________________________ ______________________________________ ___________________________________________
Date Print Name Signature
State of California, County of _____________________
Subscribed and sworn to (or affirmed) before me on this _____day of _____, 20___, by__________________________, proved to me on the
basis of satisfactory evidence to be the person(s) who appeared before me.
(Official SEAL)
___________________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not to the truthfulness, accuracy, or validity of that document.
ASP (10/24/2014)