Last updated: 8/25/2025
Affidavit Surviving Spouse Succeeding To Title To Community Property (San Diego)
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Description
REC360 - AFFIDAVIT OF SURVIVING SPOUSE. This is a legal document used in California under Probate Code Section 13540 that allows a surviving spouse to formally establish ownership of community property after the death of their spouse, without going through a full probate process. This affidavit requires the surviving spouse to confirm their marriage to the decedent, identify the real property that was held as community property, and attach a certified copy of the decedent’s death certificate. It also affirms that the property has not passed to another party under a will, trust, or intestate succession, and that no probate election has been filed. Once completed, notarized, and recorded with the county recorder’s office, this affidavit clears title to the property in favor of the surviving spouse, ensuring continuity of ownership and protecting the interests of the spouse, their successors, and future parties dealing with the property. www.FormsWorkflow.com





