California Deeds, Decoded: What Each One Does (and Doesn’t)

If you own California real estate—or plan to—you’ll eventually run into a question that stops many people in their tracks: what kind of deed should we use? The answer matters. Different deeds make different promises, and choosing the wrong one can create title headaches, tax surprises, and probate problems later. Below is a plain-English guide to the deeds you’ll see most often in California, what they actually do, and how they compare to “warranty deeds” you hear about in other states.

First, a quick refresher: what’s a deed?

A deed is the signed, notarized document that transfers ownership of real property. It’s recorded with the county to put the world on notice that ownership has changed. Not all deeds carry the same warranties (promises) from the seller to the buyer—and that’s the key difference you’re choosing between.

Grant Deed (California’s workhorse)

What it does: In California, the grant deed is the standard deed for sales and most transfers. When a seller uses the word “grant,” two important implied covenants automatically come along: (1) the grantor hasn’t previously conveyed the same estate to anyone else, and (2) the property isn’t encumbered by any act of the grantor other than what’s disclosed in the deed. Those promises are baked into our Civil Code.

California also has an after-acquired title rule: if someone purports to grant property and later acquires title, that title automatically passes to the grantee. In short, with a proper “grant,” later-acquired rights flow to the buyer. 

What it doesn’t do: A grant deed is not a full “general warranty” against every possible title defect since the beginning of time. It’s narrower: the seller isn’t promising about issues outside the seller’s own acts unless those issues show up in the public record and are covered by title insurance (which almost everyone in California uses).

Practical use: Standard for purchase/sale, inter-family transfers where warranties are appropriate, and most routine changes in ownership.

Quitclaim Deed (the “no-promises” deed)

What it does: A quitclaim deed transfers whatever interest the grantor has right now—which might be full ownership… or nothing at all. There are no implied warranties with a quitclaim. If the grantor turns out to own nothing, the grantee gets nothing and has no warranty claim against the grantor. 

What it doesn’t do: Quitclaims typically do not carry after-acquired title—if the grantor acquires title later, it doesn’t automatically jump to the grantee just because of the old quitclaim. That’s one reason quitclaims are risky in arms-length deals.

Practical use: Common for low-risk, non-sale situations like clearing a minor title glitch, removing a former spouse after a divorce decree, or between family members when no warranties are expected. For purchases, a quitclaim is usually a red flag unless your real estate attorney and title insurer sign off. 

Trust Transfer Grant Deed (funding your living trust)

What it does: A Trust Transfer Grant Deed is a California form name you’ll see when moving property into or out of a trust, usually for estate planning. Functionally, it’s still a grant deed—so those same implied covenants apply—just with trust-specific labeling and tax statements. Transfers to your own revocable living trust or between entities/people that don’t change proportional ownership are often excluded from property tax reassessment. Relevant rules include Revenue & Taxation Code §62 (certain proportional-interest and method-of-holding-title changes), §63 (interspousal), and Property Tax Rule 462.160 (trusts).

What it doesn’t do: It doesn’t magically avoid all taxes or fees. You still complete a Preliminary Change of Ownership Report (PCOR) at recording, and you (or your recorder) will evaluate whether documentary transfer tax applies based on consideration and the specific exemption claimed. At minimum, expect the PCOR—it’s required with documents that change ownership. 

Practical use: Funding your living trust so your home avoids probate while keeping you in control during life. Don’t confuse this with a deed of trust, which is a loan/security instrument—totally different. 

Corrective Deed (cleaning up honest mistakes)

What it does: Title clerks and humans make typos. A corrective deed (or a re-recording with a corrective affidavit) is used to fix non-substantive errors like a misspelled name, incomplete legal description, or wrong recording reference. Many California counties provide a re-recording affidavit form to explain the correction and tie it back to the original document. 

What it doesn’t do: A corrective deed can’t change the deal. If you’re changing the grantee, the vested interests, or other material terms, you typically need a new deed signed and notarized by the grantor—not just a correction. When in doubt, ask your real estate attorney before recording. 

“Warranty Deed” vs. Grant Deed (and why California rarely uses warranties)

In many states, the go-to deed is a general warranty deed, where the seller broadly warrants good title against all defects, no matter who caused them or when. There’s also a special warranty deed, which only covers the seller’s period of ownership. California, by contrast, typically relies on grant deeds plus title insurance instead of broad warranty covenants. Our Department of Real Estate notes that warranty deeds are uncommon here precisely because title insurance is the norm.

So how do they compare?

• Grant deed (CA): Limited implied covenants about the seller’s acts + after-acquired title protection; usually paired with title insurance for the rest. 

• General warranty deed (other states): Express, broad warranties covering the entire chain of title, often still paired with title insurance. 

• Special warranty deed (other states): Warranties only for the seller’s period of ownership—narrower than general warranty.

Bottom line: In California, the grant deed + title insurance combo typically delivers the protection buyers need without importing the broader warranty language you see elsewhere.

Filing basics (the “don’t skip these” checklist)

• Notarization & recording. Deeds must be properly executed, notarized, and recorded with the county where the property sits.

• PCOR. File the Preliminary Change of Ownership Report with your deed to avoid delays and penalties. 

• Documentary transfer tax & exclusions. Some transfers (e.g., certain trust funding or interspousal transfers) may qualify for exclusions from reassessment and may not trigger transfer tax depending on consideration and local rules—ask before you record.

Which deed is right for you?

Every situation is different. If you’re buying a home, a grant deed with a title policy is the California standard. If you’re correcting a typo, a corrective deed or county re-recording affidavit may do the trick. If you’re funding your living trust, a Trust Transfer Grant Deed keeps your estate plan on track without unintended property-tax consequences when structured correctly. If someone suggests a quitclaim deed, pause and be sure the “no-promises” nature fits your goals.

If you want help choosing the right deed—or you’d like us to prepare and record it correctly—the Filippi Law Firm, P.C. real estate and estate planning team is happy to help. We regularly prepare grant deeds, trust transfer grant deeds, and corrective instruments to align title with our clients’ goals while minimizing risk.