Deed Transfers

Deed Transfer Document Preparation

Ensuring Your Property Transfer is Documented Correctly

A deed is the legal instrument used to transfer ownership of real property from one person or entity (the Grantor) to another (the Grantee). Whether you are adding a spouse to your title, transferring property into a trust, or gifting a home to a family member, the deed must be prepared with absolute precision. An incorrectly prepared or recorded deed can create a “cloud on title”—a serious defect that can jeopardize future sales or financing and often requires expensive legal action to correct. ELB Legal Services provides meticulous and affordable document preparation services for property deed transfers, ensuring your transaction is documented accurately at your direction.

Legal Disclaimer: Ellen Bynum is a Legal Document Assistant (LDA), not an attorney or a real estate expert. We are legally prohibited from providing legal advice. We cannot advise you on which type of deed is best for your situation, the potential tax consequences of a transfer, or the legal implications of changing title. Our service is strictly limited to preparing the deed and related forms based on the specific information and instructions you provide. We strongly recommend consulting with an attorney or tax advisor for guidance.

Common Types of Deeds We Prepare

While we cannot choose for you, we can prepare the following common California deeds based on your explicit instructions:

• Grant Deed: This is the most common type of deed used in property sales. The Grantor implicitly warrants that they have not previously sold the property to someone else and that the property is free of any liens or encumbrances that haven’t been disclosed.
• Quitclaim Deed: This deed transfers whatever ownership interest the Grantor currently has in the property, but it makes no warranties or promises about the title. Quitclaim deeds are often used in non-sale situations, such as transferring property between family members, adding or removing a spouse from title during a divorce, or clearing up a title issue.
• Interspousal Transfer Deed: This deed is used specifically to transfer property between spouses. It is often used during marriage or in a divorce settlement and can have significant property tax advantages by avoiding reassessment.
• Affidavit of Death of Joint Tenant/Trustee: While not a deed itself, this is a crucial document used to remove a deceased person’s name from a property title when the property was held in joint tenancy or in a living trust. This officially clears the title and transfers full ownership to the surviving joint tenant(s) or successor trustee.

Our Deed Preparation and Support Process

Our process is designed to be thorough and precise, ensuring you have a legally compliant document ready for recording.

1. Consultation and Information Gathering: You must provide us with the critical information needed for the deed. This includes:

• A copy of the most recent deed to the property to obtain the exact legal description.
• The full legal names of all Grantors (the current owners).
• The full legal names of all Grantees (the new owners) and how they will hold title (e.g., as Joint Tenants, Tenants in Common, Community Property with Right of Survivorship).
• The type of deed you have chosen to use.

1. Meticulous Document Drafting: We will prepare the deed with the utmost care, ensuring all names, the legal description, and other details are perfect.
2. Preparation of Supplemental Forms: A deed transfer requires more than just the deed itself. We will also prepare the necessary supplemental forms, such as the Preliminary Change of Ownership Report (PCOR) and any applicable property tax exclusion forms (e.g., Parent-Child Exclusion or Spouse-to-Spouse Exclusion). These forms are critical for the County Assessor’s office.
3. Client Review: You will have a final opportunity to review the drafted deed and all supplemental forms to verify that every detail is correct according to your instructions.
4. Signing and Notarization Instructions: The Grantor’s signature on a deed must be notarized. We provide clear instructions for this step. As a mobile notary, we can also offer our notarization services for your convenience.
5. Recording Instructions: Once signed and notarized, the deed must be recorded with the County Recorder’s Office in the county where the property is located. We will provide you with a completed package and clear instructions on how and where to record it, including information on the required recording fees.

Don’t risk the integrity of your property title with a faulty deed. For professional, accurate, and affordable deed preparation services, contact ELB Legal Services today.