California Affidavit of Surviving Spouse

Has your spouse recently passed away? If the two of you held title to real estate as community property in the State of California, you will need to file this Affidavit of Surviving Spouse.

• 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 Affidavit sets out the details of the parties' marriage, and states that no election to probate the deceased's interest in the property has been or will be filed.

This California Affidavit of Surviving Spouse form is provided in MS Word format, and is easy to print, download and use.