Title Insurance -

Transferring title by Deed

In California, there are a number of common deed forms that may be used by individuals or entities to transfer title to real property. There is also a statutory form of deed called the revocable transfer upon death deed that does not transfer a present interest in real property but may be used for estate planning purposes.

The chart below provides a comparison of certain characteristics and effects of using a quitclaim deed, grant deed, and a revocable transfer upon death deed. (1)

3 ways of transferring Title

  • Quit Claim Deed

    Statutory basis: Yes

    Must be recorded (2): No

    Must be signed/dated before a notary (3): No

    Conveys present interest: Yes, if any exists

    Contains warranties: No

    Can be rescinded after execution/delivery: No

    Transfers only upon death, if at all: No

    Subsequent will, judgment, deed voids transfer: Maybe

    Primarily used as probate avoidance: No

    Used for one to four single- family residences only: Not only

  • Grant Deed

    Statutory basis: Yes

    Must be recorded (2): No

    Must be signed/dated before a notary (3): No

    Conveys present interest: Yes

    Contains warranties: No

    Can be rescinded after execution/delivery: No

    Transfers only upon death, if at all: No

    Subsequent will, judgment, deed voids transfer: Maybe

    Primarily used as probate avoidance: No

    Used for one to four single- family residences only: Not only

  • Revocable Transfer Upon Death Deed (TOD)

    Statutory basis: Yes

    Must be recorded (2): Yes, within 60 days of execution

    Must be signed/dated before a notary (3): Yes 

    Conveys present interest: No

    Contains warranties: Depends

    Can be rescinded after execution/delivery: Yes

    Transfers only upon death, if at all: Yes

    Subsequent will, judgment, deed voids transfer: Yes

    Primarily used as probate avoidance: Yes

    Used for one to four single- family residences only: Yes

This content in is intended for general information only. It is not intended as legal advice and is subject to change without notice. Seek professional advice before relying upon this information.

(1) – Assembly Bill No. 139 approved by the governor and chaptered by the secretary of state on September 21, 2015.

(2) – Recording is not statutorily required to be effective as between the parties; however, for title insurance purposes and proper notice to third parties, deeds must be recorded.

(3) – Similar to recording, although it may not be statutorily required to have the deed notarized to be effective as between the parties; for title insurance purposes and proper notices to third parties, deeds must be notarized to be recorded.