RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
AFFIDAVIT OF SURVIVING SPOUSE
Succeeding to Community Property (California Probate Code Section 13540)
STATE OF CALIFORNIA }
COUNTY OF }
of legal age, being first duly sworn, deposes and says:
1. , the decedent mentioned in the attached certified copy
of Certificate of Death, was married to Affiant at the time of decedent’s death.
2. Affiant and decedent at all times considered the following real property situated in the County of
, State of California to be community property: insert legal
description:
3. More than forty (40) days have passed since decedent’s death.
4. There has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503
(election to probate spouse’s interest in such real property or transfer it to spouse’s trust).
5. I am the successor to decedent’s interest in such real property and I have full power to sell, lease,
encumber and otherwise deal with and dispose of such property pursuant to Probate Code Section 13540.
No other person has any right in such property by testate or intestate succession.
6. This affidavit is made for the benefit and protection of my successors and all other parties dealing with such
property, including title insurance companies insuring title to such property.
Dated:
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.
Signature
___________________________________________ (SEAL)
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 the
truthfulness, accuracy, or validity of that document.
