Chapter 2. Recording Evidence Of Death of California Probate Code >> Division 2. >> Part 4. >> Chapter 2.
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.
(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.
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.