California Affidavit of Surviving Spouse
File this California Affidavit of Surviving Spouse if you and your spouse owned property which was not held as community property before he or she passed away.
- The Affidavit is made under California Probate Code section 13540.
- The surviving spouse states that he/she and the deceased spouse at all times considered the property to be community property.
- The Affidavit must be filed 40 days after the decedent's death to protect the interest of your successors in title and that of other parties with an interest in the property (such as title insurers).
- The affiant must also attest that no election to probate the deceased's interest in the property has been or will be filed.
California is a community property state. Download the Affidavit and execute it in front of a notary, then file it with the Recorder's Office to satisfy the requirements of the Probate Code.