Chapter 2 - Recording Evidence of Death

Sections (3)

Amended by Stats. 2013, Ch. 78, Sec. 4. (AB 464) Effective January 1, 2014.

If title to real property is affected by the death of a person, any person may record in the county in which the property is located any of the following documents establishing the fact of the death:

(a)An affidavit of death executed by a person having knowledge of the facts. The affidavit shall include a particular description of the real property and an

attested or certified copy of a record of the death made and filed in a designated public office as required by law. For purposes of this subdivision, a certified copy issued in this state shall include any copy issued pursuant to Section 103525 of, subdivision (a) of Section 103526 of, or paragraph (1) of subdivision (b) of Section 103526 of, the Health and Safety Code.

(b)A certified copy of a court order that determines the fact of death made pursuant to Chapter 1 (commencing with Section 200) or pursuant to another statute that provides for a determination of the fact of death.

§ 211

Enacted by Stats. 1990, Ch. 79.

(a)A document establishing the fact of death recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.

(b)The county recorder shall index a document establishing the fact of death recorded pursuant to this chapter in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the person whose death is established shall be deemed to be the grantor.

§ 212

Enacted by Stats. 1990, Ch. 79.

A document establishing the fact of the death of a person recorded pursuant to this chapter is prima facie evidence of the death insofar as the document identifies real property located in the county, title to which is affected by the death. The presumption established by this section is a presumption affecting the burden of producing evidence.