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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.
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.
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.
They are: (1) recording a written declaration, (2) an express or implied agreement of the joint tenants to terminate the joint tenancy, (3) a partition judgment, (4) another form of judgment such as a divorce or probate action, or (5) an execution sale. (Miller & Starr 3 Cal. Real Estate § .)
With joint tenancy? the right of survivorship is implied, so if one joint tenant dies, the other joint tenant or tenants automatically become the owners of the deceased tenant's interest in the property without the property having to pass through probate.