Termination of Joint Tenancy Upon Death of a Joint Tenant

The following is for general informational purposes only and should not be considered legal advice.  Therefore, we suggest that you contact an attorney for any legal advice on your specific situation.

Either of the two documents listed below may be recorded to give public notice of the death of a joint tenant and thus clear the record title of the deceased person’s name.

  1. DECREE ESTABLISHING FACT OF DEATH:

This requires that a court action be filed.

  1. AFFIDAVIT – DEATH OF JOINT TENANT:

The form is available at stationery stores that carry legal forms. The form must be completed and signed under penalty of perjury along with a sworn verification.

A certified copy of the death certificate must be attached to the form. This can be obtained from the County Recorder in the county in which the death occurred.

If this document refers to a Deed, a Preliminary Change of Ownership Form must be presented with the document. This form is available at the County Assessor’s Office.

Most of the information needed to complete this form can be found on the original deed to the property.

These documents may be recorded in the County Recorder’s Office of the county in which the property is located.

The Recorder will charge a fee of $14.00 for the first page and $3.00 for each additional page.

A return address must appear in the upper left-hand corner of the document.