Can You Record a Deed After the Transferor Passes Away

My question involves real estate located in the State of: California

I understand that after the Transferor signs this deed, it must be filed in the corresponding county within 60 days to be valid. But, does anyone know if the Transferor who signed the deed still has to be living when the document gets recorded?

A deed is a valid transfer of titled when it is signed by the grantor and delivered to the grantee. When a deed is not recorded with the registrar of deeds according to the jurisdiction's statutes, then the common law will control. These deed are called (among other things) dresser drawer deeds.

All the facts matter in establishing whether or not a drawer deed will be considered valid.

If you care to expand on the facts, you can get a better answer.

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Quoting Bubbles69

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M
does anyone know if the Transferor who signed the deed still has to be living when the document gets recorded?

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Why do you ask?

Wasn't it?

Is the transferee now having difficulties with it?

Details count.

the bigger question is;

has there been another deed recorded that was written and delivered after your deed was executed? There are some circumstances where a deed executed and
delivered after your deed would suprecede your deed if you had not registered it prior to the other party registering theirs.

Thank you all for your attention to my situation. Here's what I need to know and why. Is the TOD deed valid if it was signed by the Transferor on June 26, 2017 and recorded at the county recorder's office on July 5, 2017 by the Transferee even though the Transferor died on June 29, 2017.

Also, there have definitely not been any other documents, deeds, trusts, etc. created and/or filed ever.

Yes, the deed would be valid.

I have read two sources that state the deed must be recorded before death of the grantor.

It makes sense it would hsve to be since the grantor can give or sell the property before their death even if the tod deed was recorded. When a person dies their real estate devolves to the heir at the time of death so in effect the property would be transferred prior to the recordation of the tod deed.

Quote:

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Quoting Bubbles69

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Thank you all for your attention to my situation. Here's what I need to know and why. Is the TOD deed valid if it was signed by the Transferor on June 26, 2017 and recorded at the county recorder's office on July 5, 2017 by the Transferee even though the Transferor died on June 29, 2017.

Also, there have definitely not been any other documents, deeds, trusts, etc. created and/or filed ever.

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Agree with Budwad. It's valid.

Quote:

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California Probate Code - Revocable Transfer on Death Deed.
5626.
(a) A revocable transfer on death deed is not effective unless the deed is recorded on or before 60 days after the date it was executed.
(b) The transferor is not required to deliver a revocable transfer on death deed to the beneficiary during the transferor’s life.
(c) The beneficiary is not required to accept a revocable transfer on death deed from the transferor during the transferor’s life.

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http://leginfo.legislature.ca.gov/fa...pter=&article=

You're reading something into that that isn't there. For the deed to be valid over any other claims it must be recorded. It hasn't been and wasn't when title transferred.

What the statute is saying is the deed does not have to be delivered to the grantee to be valid (a requirement with a typical deed) but regardless it must be recorded to be effective and it is effective at the time of death (if otherwise valid) and since it wasn't recorded at the time of death, it is not effective.

Well, there is no will or anything so who would the title transfer to at the time of death?