California Affidavit as to Termination of Joint Tenancy with Right of Survivorship by Surviving Tenant (One Tenant is Deceased)
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FAQ
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.
A joint tenancy may be terminated by express agreement between the tenants, and such an agreement, at least with respect to personal property held in joint tenancy, may be oral.
How Do I Record an Affidavit? Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorder's office in the county where the real property is located. The recorder's office also requires a Preliminary Change of Ownership Report (PCOR) when filing the affidavit.
A TIC has no right of survivorship and when a tenant in common dies, their share of the property passes to their estate, where a beneficiary of the share of property may be named.
The grantor names the intended heirs as "beneficiaries." The deed has no effect until the grantor dies, when the beneficiaries record an affidavit to receive the property. The affidavit of death of joint tenant is used to remove the name of a deceased joint tenant from a property title.
When the property passes to the other upon the death of A or B, the real property is not reassessed. The exclusion also applies when only one joint tenant forms a revocable trust and the other (former) joint tenant dies.
You must wait at least 40 days after the person dies. What if I need help? Or, read the law on property transfers. See California Probate Code, §§ 13100-13115.
