California Transfer on Death Deed and Trust Home Sale Guide

Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team. Figures come from the California Probate Code and the State Board of Equalization; sources are listed at the end. This is general information, not legal advice.

A revocable transfer on death deed lets a California owner name who receives a house at death without probate, but the deed is not effective unless it is recorded within 60 days after it was acknowledged before a notary. A living trust works differently: the trustee sells the house under the trust, and no court case is needed.

This guide explains both ways to pass a house outside probate and how to sell a house in California when you inherit one.

TOD deed and trust at a glance

How does a revocable transfer on death deed work?

The California Probate Code defines a revocable transfer on death deed, also called a revocable TOD deed, as an instrument that makes a donative transfer of real property to a named beneficiary, operates on the owner’s death and remains revocable until then. Because it operates on death, the owner keeps full control during life and can sell the house or change the deed.

A beneficiary who wants to sell after the owner’s death should talk to the county recorder, a title company or an attorney first about the paperwork needed to show the transfer.

• Recording deadline: a TOD deed signed but recorded more than 60 days after the notary acknowledgment is not effective, so check the recording date.
• Signing rules: section 5624 sets the signing, dating and witness or notary requirements. A deed that misses them may not be effective.

Can a trustee sell a house held in a living trust?

Yes. A house titled in the name of a living trust is sold by the trustee, usually the successor trustee after the original owner dies. Because the house is not in the owner’s name alone, it does not go through probate and does not need court confirmation. The trust document controls who can sign and how the proceeds are divided.

The BOE explains that a revocable trust becomes irrevocable at the trustor’s death, and that date is the change in ownership for property tax. See our Prop 13 and Prop 19 guide for how reassessment and the family home exclusion work.

If the house was never retitled into the trust, the estate may need court help to sell it. Ask the trust attorney whether the house is actually in the trust before you list or sign a contract.

How to sell a house in California that passes outside probate

1. Find the right paperwork. Locate the recorded TOD deed or the trust and the death certificate.
2. Confirm authority. A beneficiary under a TOD deed owns the house after the transfer is recorded; a successor trustee signs for a trust.
3. Order a date-of-death appraisal. It sets your tax basis; see the stepped-up basis guide.
4. Compare offers. A cash buyer can buy as-is with no commission. See how we buy houses across California.
5. Close with a title company. Title will confirm the deed or trust before closing.

Call (424) 435-2326 or request a cash offer.

TOD deed and trust FAQ

Does a transfer on death deed avoid probate in California?

It is designed to pass the house at death without a court case, as long as the deed meets the Probate Code requirements and is recorded on time.

When must a California TOD deed be recorded?

Within 60 days after the date it was acknowledged before a notary, under Probate Code section 5626.

Can the owner still sell the house after signing a TOD deed?

Yes. The deed stays revocable until death, so the owner keeps control during life.

Do I need probate to sell a house held in a living trust?

Generally no. The trustee sells it under the trust, though the trust terms control.

Sources

• California Probate Code section 5614
• California Probate Code section 5624
• California Probate Code section 5626
• California State Board of Equalization: Proposition 19

This guide is general information, not legal advice. Confirm your situation with a California estate attorney.