Free California Death of a Joint Tenant Affidavit PDF Form Get Document

Free California Death of a Joint Tenant Affidavit PDF Form

The California Death of a Joint Tenant Affidavit form is a legal document used to establish the death of a joint tenant in a property ownership arrangement. This affidavit serves to clarify the transfer of property rights to the surviving joint tenant, ensuring that the deceased's interest is properly addressed. Understanding how to complete this form is essential for those involved in joint tenancy arrangements.

To get started on filling out the form, click the button below.

Get Document
Outline

The California Death of a Joint Tenant Affidavit form serves as a crucial legal instrument for individuals navigating the complexities of property ownership after the passing of a joint tenant. When one co-owner of a property dies, the remaining joint tenant may seek to transfer full ownership without the need for probate, thereby simplifying the process of property succession. This affidavit provides a streamlined method for the surviving tenant to assert their rights, effectively removing the deceased's name from the property title. Key elements of the form include the identification of the deceased joint tenant, details regarding the property in question, and a declaration affirming the joint tenancy arrangement. Additionally, the affidavit must be signed under penalty of perjury, ensuring that the information provided is truthful and accurate. By utilizing this form, surviving joint tenants can facilitate a smoother transition of property ownership, allowing them to focus on personal matters during a challenging time.

Key takeaways

The California Death of a Joint Tenant Affidavit form is an important document for individuals dealing with the death of a joint tenant. Understanding how to fill it out and use it correctly can help streamline the process of transferring property ownership. Here are some key takeaways:

  • Purpose of the Affidavit: This form is used to establish the death of one joint tenant and transfer their interest in the property to the surviving joint tenant.
  • Eligibility: Only joint tenants can use this affidavit. Ensure that the property is held in joint tenancy before proceeding.
  • Required Information: The form requires details such as the deceased tenant’s name, date of death, and the property’s legal description.
  • Signature Requirement: The surviving joint tenant must sign the affidavit in front of a notary public to validate the document.
  • Filing the Affidavit: After completing the form, it must be filed with the county recorder’s office where the property is located.
  • Impact on Property Title: Once filed, the affidavit updates the property title, reflecting the surviving joint tenant as the sole owner.

By following these guidelines, individuals can effectively navigate the process of handling property after the death of a joint tenant.

Form Preview Example

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)