Affidavit Death Joint Tenant Document With Surviving Spouse

State:
California
Control #:
CA-DE-100
Format:
Word; 
Rich Text
Instant download

Description

The Affidavit Death Joint Tenant Document with Surviving Spouse is designed to facilitate the transfer of property ownership following the death of one joint tenant. This legal form is essential for individuals to establish that the deceased tenant's interest in the property has passed to the surviving tenant without going through probate. Key features of the form include the requirement to provide a certified copy of the decedent's death certificate and details regarding the property in question. The form can be filled out electronically or by hand, ensuring accessibility for users with varying levels of technical expertise. It is pertinent for attorneys, partners, owners, associates, paralegals, and legal assistants involved in estate planning, real estate transactions, and probate matters. The document serves to protect the surviving spouse's rights to the property while ensuring compliance with California probate statutes. Users should be aware of the need for accurate completion to avoid legal disputes and should consider consulting with an attorney if questions arise. Ultimately, this affidavit simplifies the process of continued property ownership after the loss of a joint tenant.
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  • Preview Affidavit of Death of Joint Tenant
  • Preview Affidavit of Death of Joint Tenant
  • Preview Affidavit of Death of Joint Tenant

How to fill out California Affidavit Of Death Of Joint Tenant?

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FAQ

Affidavit-death forms are used to change the title on rea?l property after the death of a joint tenant, trustee or trustor. Information and forms are available from the Sacramento County Public Law Library. Blank forms may also be available at office supply stores.

Joint tenancy is a way for two or more people to own property in equal shares so that when one of the joint tenants dies, the property can pass to the surviving joint tenant(s) without having to go through probate court.

Upon the death of the Life Tenant, the Life Estate terminates, and the Remainder Person owns the property 100%. However, you will need to file an Affidavit of Death in the property records to verify the Life Tenant is deceased and the Remainder Person owns the property 100%.

Submitting an Affidavit At the time of recording, present the completed affidavit (see below), a certified copy of the death certificate and a Preliminary Change of Ownership Report, which is also available at RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, as well as the County Assessor's offices.

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Affidavit Death Joint Tenant Document With Surviving Spouse