A grant deed is the standard instrument for transferring real property in California, and getting one done means preparing the deed with the correct legal description and vesting, having the grantor’s signature notarized, and recording the original at the county recorder’s office where the property sits. Learning how to get a grant deed in California is mostly a paperwork exercise, but a few tax and mortgage traps can turn a routine transfer into an expensive one. The deed itself carries two protections built into the word “grant”: the grantor promises they haven’t already transferred the property to someone else, and they promise the property is free of liens or encumbrances the grantor created, unless the deed says otherwise.1California Legislative Information. California Code CIV 1113 – Effect of the Word Grant in Conveyances
Information You Need Before Drafting
Pull these details together first. Everything on the deed has to match what’s already in the county’s records.
- Full legal names of every grantor and grantee, spelled exactly as they appear on existing title or on legal identification.
- How the new owners will hold title. Common options include joint tenants with right of survivorship, tenants in common, community property, and community property with right of survivorship. The choice affects inheritance, liability, and what happens when one owner dies.
- The legal description of the property. This is not the mailing address. It is the formal lot-and-block or metes-and-bounds description on the existing deed or title report, and you copy it exactly, including lot numbers, tract references, and recording information.
- The Assessor’s Parcel Number (APN), which appears on the current deed and on any property tax bill.
If you don’t have a copy of the most recent deed, request one from the county recorder in the county where the property is located.2California Legislative Information. California Code CIV 1169 – Recording in County Where Property Is Located
Filling Out the Deed
Blank grant deed forms are available from title companies, office supply stores, and online legal form providers. California’s statutory grant deed is short: “I, [grantor], grant to [grantee] all that real property situated in [county], State of California, bounded (or described) as follows: [legal description],” followed by the grantor’s signature and date.3California Legislative Information. California Code CIV 1092 – Grant of Estate in Real Property Printed forms expand on that skeleton, but the substance is that spare.
Every grant deed also needs a documentary transfer tax statement on its face. You either declare the tax amount based on the property’s value or state a specific exemption. Common exemptions include bona fide gifts, transfers between spouses, transfers into a living trust, and transfers resulting from a divorce decree.4California Legislative Information. California Code RTC 11930 – Exemption for Gifts and Transfers at Death If you’re claiming one, the deed must identify which exemption applies and cite the Revenue and Taxation Code section that authorizes it.
The Preliminary Change of Ownership Report
The Preliminary Change of Ownership Report (PCOR) is the form the county assessor uses to determine whether the transfer triggers a property tax reassessment. It’s optional, not mandatory.5California Legislative Information. California Code RTC 480.3 – Preliminary Change of Ownership Report Skip it and the recorder adds $20 to your fees but still records the deed. You’ll have to give the assessor the same information later anyway, so filing the PCOR at recording saves a step and the fee.
Every county assessor and recorder provides the PCOR free on request, and most county websites post it for download. The transferee (the new owner) signs the form; an agent cannot sign for them.
Signing and Notarization
Only the grantor signs the grant deed, and the signature has to be acknowledged before a notary public before the deed can be recorded.6California Legislative Information. California Code GOV 27287 – Documents to Be Recorded The notary checks a valid photo ID like a driver’s license or passport, then attaches a California All-Purpose Acknowledgment certificate to the deed. California caps notary fees at $15 per signature for an acknowledgment.
The recorder rejects any deed bearing a photocopied signature. Signatures must be original. If more than one grantor is transferring the property, every one of them signs and gets that signature notarized.
Recording the Deed
After notarization, take or mail the original deed and the PCOR to the county recorder’s office in the county where the property is located. Most counties accept documents in person or by mail, and some now offer e-recording through approved vendors. Send the original, not a copy.
Recording fees stack up from several sources:
- A base recording fee set by Government Code 27361, varying slightly by county, roughly $15 for the first page and $3 for each additional page.
- The Building Homes and Jobs Act (SB 2) fee of $75 per document, capped at $225 per transaction. Any document recorded in connection with a transfer subject to the documentary transfer tax is exempt from this fee, so a typical sale where you pay transfer tax won’t trigger it.7California Legislative Information. California Code GOV 27388.1 – Building Homes and Jobs Act Fee
- A $20 penalty if you don’t include a completed PCOR.5California Legislative Information. California Code RTC 480.3 – Preliminary Change of Ownership Report
- The documentary transfer tax itself.
Counties also add smaller surcharges, such as a real estate fraud prevention fee. Check the recorder’s fee schedule before you go. When every surcharge is included, some counties’ first-page charge exceeds $100.
Documentary Transfer Tax
The standard county documentary transfer tax rate in California is $1.10 per $1,000 of the property’s value transferred, calculated on the value above any liens that remain at sale.8California Legislative Information. California Code RTC 11911 – Authorization for Tax On a $700,000 home with no remaining liens, the county tax is $770.
Dozens of California cities impose their own transfer tax on top of the county rate, and in some cities the city rate is far larger than the county rate. Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica, and Culver City all have their own structures, some tiered by sale price. If the property is in one of those cities, budget for the extra cost at recording.
Some transfers are exempt from the documentary transfer tax entirely: bona fide gifts, transfers into a living trust, transfers between spouses, divorce-related transfers, and reconveyances that satisfy a debt.9California Legislative Information. California Code RTC 11921 – Exemptions from Documentary Transfer Tax Whatever exemption you claim, name it and its code section on the deed.
What Happens After Recording
Once the recorder accepts your deed, it becomes part of the public record. From that point the law treats everyone as having knowledge that the property changed hands, whether or not they actually looked it up. This is constructive notice, and it protects the new owner against anyone who might later claim to have bought the same property from the grantor.10California Legislative Information. California Code CIV – Effect of Recording, or the Want Thereof An unrecorded deed is still valid between the two parties who signed it, but it won’t protect you against a subsequent buyer who records first.
The recorder stamps the original with a recording number, date, and book-and-page reference, then mails it back to the address on the deed’s first page. Turnaround varies by county. Keep the stamped original somewhere safe when it arrives, but know that the county’s recorded copy is the one that legally matters.
Reassessment and Supplemental Tax Bills
The county assessor reviews every recorded deed to decide whether the transfer triggers a reassessment under Proposition 13. If it does, the property is reassessed to its fair market value as of the transfer date.11California State Board of Equalization. Change in Ownership – Frequently Asked Questions For property that hasn’t changed hands in decades, the jump can be substantial.
You won’t only see the change on your next annual bill. The assessor issues a separate supplemental tax bill covering the period from the month after the transfer through the end of the current fiscal year on June 30. Transfers between January and May generate two supplemental bills: one for the rest of the current year and one for the full upcoming year.12California State Board of Equalization. Supplemental Assessment These bills don’t go through your mortgage escrow. They come directly to you, and late-payment penalties aren’t waived for not knowing.
Some transfers avoid reassessment entirely. Transfers between spouses and registered domestic partners are always excluded. Transfers into a revocable living trust where the transferor stays on as beneficiary are excluded because the assessor treats the trust as the same owner. Parent-child transfers of a primary residence can qualify for a limited exclusion under Proposition 19, but the child has to move into the property as their primary residence within a year and file for the homeowners’ exemption in that same window, and the exclusion has a value cap.13California Legislative Information. California Code RTC 63.2 – Parent-Child and Grandparent-Grandchild Transfer Exclusion If a family transfer is on the table, work through the Proposition 19 rules with a tax professional before you record.
If the Property Has a Mortgage
Most mortgages contain a due-on-sale clause that lets the lender demand full repayment when the property changes hands. Recording a grant deed does not automatically transfer the loan to the new owner, and it can trigger that clause.
Federal law protects several categories of transfers on residential property with fewer than five units. Lenders cannot enforce the due-on-sale clause when:
- The borrower’s spouse or children become owners
- The transfer is into a living trust where the borrower remains a beneficiary and continues to occupy the property
- The transfer results from divorce or legal separation
- A relative takes the property after the borrower’s death
- A joint tenant dies
If your transfer isn’t protected, call the lender before recording. An unprotected transfer can lead to the lender calling the entire loan balance due.
Federal Gift Tax If the Transfer Is Below Market
Transferring property by grant deed for less than its fair market value can create a taxable gift in the IRS’s eyes. This comes up with parent-child transfers, adding someone to the deed for free, or selling to a family member at a discount. If the gift exceeds the annual exclusion (adjusted for inflation each year, $19,000 per recipient in 2025), the grantor files IRS Form 709.15Internal Revenue Service. Instructions for Form 709
Filing doesn’t necessarily mean owing gift tax. Most people apply the gift against a lifetime exemption that shelters millions of dollars in cumulative gifts from actual tax. Failing to file when required is its own compliance problem. Form 709 is due April 15 of the year after the gift, and extending your income tax return extends Form 709 as well. If you’re transferring at a gift or bargain price, talk to a tax professional before recording.