A pilot program, not permanent law
California enacted the Revocable Transfer on Death Deed (RTODD) in 2015 through Assembly Bill 139, following a 2006 recommendation from the California Law Revision Commission and several earlier failed attempts to pass similar legislation. It was designed from the start as a five-year pilot program, originally set to expire January 1, 2021. The Legislature has extended that sunset date twice since — first to 2022, and now to January 1, 2032 — and the entire statute is repealed on that date unless the Legislature acts again to extend or make it permanent.
Limited to residential property
Unlike most other states' transfer-on-death deed laws, California's RTODD doesn't apply to every kind of real property. It's limited to residential real property of one to four units, or a single condominium unit. An owner with commercial property, vacant land, or a larger residential building can't use this particular tool for that asset.
Witnesses required, not just a notary
California's execution requirements are stricter than many other states'. The deed must be signed and dated in front of two witnesses who are present at the same time, in addition to being notarized — most other states' transfer-on-death deeds require only notarization, with no witness requirement at all.
A tight 60-day recording window
The deed has to be recorded within 60 days of the date it was signed and notarized, and before the transferor's death. This is a distinctly narrower deadline than most states impose — many simply require recording sometime before death, with no fixed window tied to the signing date. Once validly recorded, the RTODD remains valid until the transferor dies or revokes it, through a recorded revocation, a new RTODD, or a deed transferring the property to someone else or to a trust. It can't be revoked by will.
Void if joint tenancy or survivorship community property applies
If, at the time of the transferor's death, the property is held in joint tenancy or as community property with right of survivorship, the RTODD is void under Probate Code § 5664 — not merely deferred, but void entirely. The surviving co-owner's right of survivorship controls instead, and the named RTODD beneficiary receives nothing for that property.
Still part of the estate for Medi-Cal purposes
During the transferor's lifetime, the property covered by an RTODD is still considered part of the owner's estate for purposes of Medi-Cal eligibility and reimbursement, even though the deed hasn't transferred anything yet and the owner retains full ownership rights. This is a specific consideration anyone weighing an RTODD against long-term care planning should factor in.