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In a joint tenancy, when one owner dies, their share of the property passes to the decedent's heirs or the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, their share of the property goes to the other owners.
The right of survivorship in a joint tenancy with right of survivorship provides that one owner's interest in the joint property can be willed or passed to his or her heirs at death. The survivorship feature of a joint tenancy with right of survivorship can never be terminated by the parties.
Use this form to remove the name of a deceased joint tenant from a California property title. You can save and edit the form before you buy--just create a Nolo.com account. It's easy, free, and there's no obligation to buy anything.
The surviving cotenant must sign, under penalty of perjury, an affidavit affirming that they continuously resided in the real property with the deceased cotenant for the one-year period immediately preceding the date of death.