Notarizing a Grant Deed in California
A grant deed must be notarized before a California county will record it. The thumbprint rule, the PCOR, and Proposition 19.
A grant deed must be notarized before a California county will record it. This one is not optional. Only the person giving up the property signs, and they must give a right thumbprint for the notary journal. It costs $10 for each document notarized.
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What a grant deed isLink to this section
A grant deed is the document that transfers ownership of real property from one person or entity to another. The person giving it up is the grantor. The person receiving it is the grantee.
A grant deed makes two promises: that the grantor has not already transferred the property to someone else, and that there are no undisclosed encumbrances created by the grantor. That is more protection than a quitclaim deed, which promises nothing, and less than a warranty deed.
In estate planning, grant deeds show up when you move a house into a trust, transfer a property between family members, or add or remove a spouse from title.
Notarization is not optional hereLink to this section
Unlike a trust or a power of attorney, this one is required.
Government Code § 27287 says that before an instrument can be recorded, its execution must be acknowledged by the person executing it. The statute lists grant deeds, quitclaim deeds, deeds of trust and powers of attorney as documents that specifically cannot use the alternative "proof by subscribing witness" route.
Translation: no notarized acknowledgment, no recording. And an unrecorded deed leaves the public record showing the old owner, which creates problems for lenders, title insurers and heirs.
The notary processLink to this section
- Only the grantor signs and is notarized. The person receiving the property does not sign the deed and does not need to attend.
- ID check under Civil Code § 1185.
- The name must match the vesting. If title reads "Maria Elena Vasquez, a married woman," the deed and the ID need to line up with that. Mismatches are the single most common reason a deed gets rejected at the recorder's counter.
- Journal entry and a right thumbprint. Government Code § 8206 requires a thumbprint for any deed or document affecting real property. There is no way around this.
- The notary checks the document is complete — no blank legal description, no blank date, no missing APN.
- Acknowledgment certificate under Civil Code § 1189, signed and sealed.
The notary will not read the legal description for accuracy or tell you whether the deed does what you want. That is the drafter's job.
What else the county needsLink to this section
Notarization gets the deed accepted. These items get it processed:
Preliminary Change of Ownership Report (PCOR). This form goes to the county assessor and tells them whether the transfer triggers a property tax reassessment. Under Revenue and Taxation Code § 480.3, the transferee must complete it and may file it with the deed. If you do not file it, the recorder charges an extra $20 fee and the assessor will send you a change of ownership statement to complete later. Filing it with the deed is the simpler path. The PCOR is not notarized — you just sign it.
Documentary transfer tax declaration. Stated on the face of the deed. Some transfers, such as moving property into your own revocable trust, are exempt.
Legal description and Assessor's Parcel Number. The street address alone is not enough.
Property taxes and Proposition 19Link to this section
Recording a deed can reassess your property at current market value, which can raise the tax bill sharply.
Proposition 19 narrowed the parent-to-child exclusion. It now generally applies only when the home becomes the child's own principal residence, and only up to the current taxable value plus a capped amount. The Board of Equalization's Proposition 19 page has the current cap figure, the claim forms (BOE-19-P and BOE-19-G) and the filing deadlines.
A notary cannot advise you on this. Ask the county assessor or an attorney before you sign, because recording is hard to undo.
Frequently asked questionsLink to this section
Does a grant deed have to be notarized in California? Yes, if you want to record it. Government Code § 27287 requires acknowledgment before recording, and deeds cannot use the subscribing-witness alternative.
Does the person receiving the property have to be there? No. Only the grantor signs the deed.
Why is a thumbprint required? Government Code § 8206 requires it in the notary journal for deeds and documents affecting real property. It exists because deed fraud is common.
Can the notary fill in the legal description for me? No. Preparing or completing a deed is the practice of law. The Notary Public Handbook requires the notary to decline and refer you to an attorney.
Will notarizing the deed cause my property taxes to go up? Notarizing does not. Recording a change in ownership can. Whether a specific transfer is a reassessable change in ownership is a question for the county assessor or an attorney. Start with the BOE Proposition 19 page.
Does notarizing the deed record it? No. Those are two separate steps. After notarization you or your title company must submit the deed, the PCOR and the recording fees to the county recorder.
What if the grantor has died? A deceased person cannot sign a deed, and no notary can notarize one. Property transfers after death go through the trust, a probate proceeding, or an affidavit procedure.
Both my name and my ex-spouse's name are on title. Do we both sign? Anyone currently on title as a grantor generally must sign and be notarized. Whether that applies in your case is a legal question — ask an attorney or your title company.
RelatedLink to this section
- Trust transfer deeds and funding a trust
- Notarizing a living trust
- Wills, trusts, powers of attorney and directives
- What to bring to your appointment
General information about notary procedure. A notary public cannot prepare a deed, advise on tax consequences, or tell you how to hold title. Talk to a California attorney, your title company, or your county assessor.