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Fill Out a Valid California Death of a Joint Tenant Affidavit Form

The California Death of a Joint Tenant Affidavit is a legal document used to confirm the death of a joint tenant and facilitate the transfer of their interest in property to the surviving tenant. This form is essential for ensuring that property ownership is accurately updated and reflects the current status following a joint tenant's passing. If you need to complete this important process, fill out the form by clicking the button below.

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Table of Contents

Form Overview

Fact Name	Description
Purpose	The California Death of a Joint Tenant Affidavit is used to transfer the deceased joint tenant's interest in property to the surviving joint tenant(s).
Governing Law	This form is governed by California Probate Code Section 5600 et seq., which outlines the rights of joint tenants upon the death of one tenant.
Filing Requirements	The affidavit must be filed with the county recorder's office where the property is located to officially document the transfer.
Signature Requirement	The surviving joint tenant(s) must sign the affidavit, affirming the death of the joint tenant and their right to the property.
Death Certificate	A certified copy of the deceased joint tenant's death certificate is typically required to accompany the affidavit.
Impact on Title	Once filed, the affidavit updates the property title to reflect the surviving joint tenant(s) as the sole owner(s).

Download California Death of a Joint Tenant Affidavit PDF Form

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Documents used along the form

When dealing with the passing of a joint tenant in California, several forms and documents may be necessary to ensure a smooth transition of property ownership. Understanding these forms can help individuals navigate the legal landscape more effectively.

Grant Deed: This document transfers ownership of real property from one party to another. After the death of a joint tenant, a grant deed may be required to officially record the change in ownership.
Death Certificate: A certified copy of the deceased's death certificate is often needed to verify the death and establish the right to transfer property. This document serves as legal proof of death.
Will: If the deceased left a will, it may provide instructions on how their property should be handled. While joint tenancy typically bypasses the will, it can still be relevant for other assets.
Affidavit of Death: This document is used to confirm the death of a joint tenant. It may be required by banks or other institutions to process the transfer of assets.
Title Search: Conducting a title search can help determine the current ownership status of the property and ensure there are no liens or claims against it. This is crucial for a clear transfer of ownership.
Property Tax Records: Reviewing property tax records can provide insights into any outstanding taxes owed on the property. This information is important for the new owner to be aware of.

Each of these documents plays a significant role in the process of transferring property after the death of a joint tenant. Familiarity with them can ease the transition and help ensure that all legal requirements are met.

Document Sample

RECORDING REQUESTED BY:

_____________________________________

WHEN RECORDED MAIL TO:

Name:________________________________

Address:______________________________

City: _________________________________

State, Zip:_____________________________

Above Space for Recorder’s Use Only

AFFIDAVIT OF DEATH OF JOINT TENANT

Assessor’s Parcel Number: ____________________________

State of California

County of _______________________________________________ } ss

_______________________________________________________, of legal age, being first duly sworn, deposes and says: That

______________________________________________, the decedent mentioned in the attached certificate copy of Certificate

of Death, is the same person as _____________________________________________________ named as one of the parties in

that certain ___________________________________________________________ dated _______________,______________,

executed by ______________________________________________________________________________________________

to ______________________________________________________________________________________________________,

as joint tenants, recorded as Instrument No. ________________________________ on ___________________, _____________,

in Book ____________________, Page _______________, of __________________Records of ____________________________

County, California, covering the following described property situated in the said County, State of California:

_________________________________________________________________________________________________________

__________________________________________________

That the value of all real and personal property owned by the said decedent at date of death, including the full value of the property above described, did not then exceed the sum of $ _________________________

_______________________________________	____________________________________
Print Name	Signature

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.

State of California

County of ___________________________________

Subscribed and sworn to (or affirmed) before me on this _____day of _____, 20___, by__________________________,

proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Official SEAL)

___________________________________

Notary Signature

ADJT (01/01/2015)