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The California Death of a Joint Tenant Affidavit form serves a crucial role in the process of transferring property ownership following the death of one joint tenant. This form is designed to facilitate the seamless transition of property rights to the surviving joint tenant, thereby simplifying the legal proceedings that can often accompany such events. By providing a clear declaration of the deceased joint tenant's passing, the affidavit helps establish the surviving tenant’s sole ownership of the property without the need for probate. It typically requires essential information, such as the names of the deceased and surviving joint tenants, the date of death, and a description of the property in question. Additionally, the form may need to be notarized to ensure its validity and to prevent potential disputes. Understanding the significance of this affidavit is vital for those navigating the complexities of property ownership and inheritance in California.
Document Data
| Fact Name | Description |
|---|---|
| Purpose | The California Death of a Joint Tenant Affidavit is used to transfer ownership of property when one joint tenant passes away. |
| Governing Law | This form is governed by California Civil Code Section 682.1. |
| Eligibility | Only surviving joint tenants can complete this affidavit after the death of a joint tenant. |
| Required Information | The affidavit typically requires details such as the deceased's name, date of death, and property description. |
| Signature Requirement | The surviving joint tenant must sign the affidavit, affirming the information is accurate. |
| Notarization | Notarization is not always required, but it can help validate the affidavit in certain situations. |
| Filing | The completed affidavit should be filed with the county recorder's office where the property is located. |
| Effect on Title | Once filed, the affidavit serves to clear the title and transfer ownership to the surviving joint tenant. |
| Impact on Estate | The property does not become part of the deceased's estate for probate purposes if the affidavit is properly executed. |
| Additional Documents | Sometimes, a death certificate may need to be attached to the affidavit when filing. |
How to Write California Death of a Joint Tenant Affidavit
After the loss of a joint tenant, it is essential to complete the California Death of a Joint Tenant Affidavit form to facilitate the transfer of property ownership. This process ensures that the surviving tenant can continue to manage and own the property without complications. Below are the steps to accurately fill out the form.
- Begin by downloading the California Death of a Joint Tenant Affidavit form from a reliable source or obtain a physical copy from the appropriate county office.
- At the top of the form, fill in the name of the decedent (the deceased joint tenant) in the designated space.
- Next, provide the date of death of the decedent. Ensure this date is accurate, as it is crucial for the validity of the affidavit.
- In the section for property information, clearly describe the property that was held in joint tenancy. Include the property address and any relevant details that identify the property.
- Indicate the name of the surviving joint tenant. This is the person who will retain ownership of the property after the decedent's passing.
- Complete any additional required sections, which may include the relationship to the decedent and any other pertinent information as specified on the form.
- Sign and date the affidavit in the designated area. The signature must be that of the surviving joint tenant.
- Consider having the affidavit notarized to add an extra layer of authenticity, although this may not always be required.
- Finally, submit the completed affidavit to the appropriate county recorder’s office where the property is located. Check for any specific submission requirements or fees.
California Death of a Joint Tenant Affidavit 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)
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