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RECORDING REQUESTED BY:
_____________________________________
WHEN RECORDED MAIL TO:
Name:________________________________
Address:______________________________
City: _________________________________
State, Zip:_____________________________
Above Space for Recorder’s Use Only
AFFIDAVIT OF DEATH OF JOINT TENANT
Assessor’s Parcel Number: ____________________________
State of California
County of _______________________________________________ } ss
_______________________________________________________, of legal age, being first duly sworn, deposes and says: That
______________________________________________, the decedent mentioned in the attached certificate copy of Certificate
of Death, is the same person as _____________________________________________________ named as one of the parties in
that certain ___________________________________________________________ dated _______________,______________,
executed by ______________________________________________________________________________________________
to ______________________________________________________________________________________________________,
as joint tenants, recorded as Instrument No. ________________________________ on ___________________, _____________,
in Book ____________________, Page _______________, of __________________Records of ____________________________
County, California, covering the following described property situated in the said County, State of California:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
__________________________________________________
That the value of all real and personal property owned by the said decedent at date of death, including the full value of the property above described, did not then exceed the sum of $ _________________________
_______________________________________ |
____________________________________ |
Print Name |
Signature |
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.
State of California
County of ___________________________________
Subscribed and sworn to (or affirmed) before me on this _____day of _____, 20___, by__________________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Official SEAL)
___________________________________
Notary Signature
ADJT (01/01/2015)
Document Information
| Fact Name | Description |
|---|---|
| Purpose | The California Death of a Joint Tenant Affidavit is used to transfer the deceased joint tenant's interest in property to the surviving joint tenant(s). |
| Governing Law | This affidavit is governed by California Probate Code Section 5600 et seq. |
| Eligibility | It applies only to properties held in joint tenancy, where two or more individuals own the property together. |
| Required Information | The form requires details such as the name of the deceased, the date of death, and the property description. |
| Survivor's Responsibility | The surviving joint tenant must complete and file the affidavit to establish their sole ownership of the property. |
| Filing Location | The affidavit must be filed with the county recorder's office where the property is located. |
| Signature Requirement | The surviving joint tenant must sign the affidavit in front of a notary public. |
| No Probate Needed | Using this affidavit allows the property to transfer without going through probate, simplifying the process. |
| Effective Date | The transfer of property becomes effective upon the recording of the affidavit with the county recorder. |
| Additional Documentation | A certified copy of the death certificate may be required to accompany the affidavit when filing. |
California Death of a Joint Tenant Affidavit - Usage Guidelines
After obtaining the California Death of a Joint Tenant Affidavit form, you will need to complete it accurately to ensure the transfer of property ownership proceeds smoothly. Follow these steps to fill out the form correctly.
- Begin by entering the name of the deceased joint tenant in the designated space.
- Provide the date of death of the deceased joint tenant.
- List the surviving joint tenant's name and address. This is crucial for the transfer of ownership.
- Include the address of the property that was jointly owned.
- State the nature of the joint tenancy, confirming that it was held as joint tenants.
- Sign the affidavit in the presence of a notary public. Ensure that the notary public also signs and stamps the document.
- Make copies of the completed affidavit for your records and for any relevant parties.
Once you have filled out the form and obtained the necessary signatures, you can proceed to file it with the appropriate county recorder's office. This step is essential to update the property records and finalize the transfer of ownership.
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Dos and Don'ts
When filling out the California Death of a Joint Tenant Affidavit form, it is important to follow certain guidelines to ensure the process goes smoothly. Here are five things you should do and five things you should avoid.
Things You Should Do:
- Carefully read the instructions provided with the form.
- Provide accurate information about the deceased joint tenant.
- Include the date of death and any relevant details about the property.
- Sign the affidavit in the presence of a notary public.
- Keep a copy of the completed form for your records.
Things You Shouldn't Do:
- Do not leave any sections of the form blank; fill out all required fields.
- Avoid using incorrect or outdated information about the property.
- Do not submit the form without having it notarized.
- Refrain from making alterations or corrections on the form without proper procedures.
- Do not forget to check for any additional documentation that may be required.
Common mistakes
-
Incomplete Information: Many individuals fail to provide all required details on the affidavit. Missing information can lead to delays or rejections of the form.
-
Incorrect Signatures: Signatures must be from the surviving joint tenant or authorized representatives. If someone else signs, it can invalidate the affidavit.
-
Not Notarizing the Affidavit: Some people overlook the need for notarization. An unsigned or unnotarized affidavit may not be accepted by the county recorder's office.
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Failure to Attach Supporting Documents: It’s essential to include necessary documents, such as the death certificate. Without these, the affidavit may be considered incomplete.
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Misunderstanding Joint Tenancy: Some individuals confuse joint tenancy with other forms of property ownership. This misunderstanding can lead to incorrect filings and potential legal issues.