This form is an Affidavit of Death of Joint Tenant for use in the State of California. The form is used by surviving tenant with rights of survivorship, as part of the process of assuming full title to the property. The form is pursuant to California Probate Code Sections 210-212.
Affidavit Death Joint Tenant Document With Right Of Survivorship
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How to fill out California Affidavit Of Death Of Joint Tenant?
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Hear this out loud PauseIf one owner dies, the property automatically passes to the other owner(s). Property owned in joint tenancy does not form part of your estate (because of the right of survivorship). This means the property is not listed on an application for a grant of probate or administration.
Hear this out loud PauseOn the death of one joint tenant, their interest in the land passes to the other joint tenant(s) by the right of survivorship, eliminating the need for an Executor or Administrator to deal with the transfer of their interest.
Under the right of survivorship, each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenant's interest disappears and the others tenants' shares increase proportionally and obtain the rights to the entire estate.
Hear this out loud PauseFor example, if two people, Mark and Amanda, own a property together and Mark dies, then Amanda will become to sole owner of the property even if this is not detailed in the will because the two of them purchased the property together.
Hear this out loud Pause?Joint Tenancy with Right of Survivorship? means that each person has equal access to the property. When one owner dies, that person's share immediately passes to the other owner(s) in equal shares, without going through probate.