The California Death of a Joint Tenant Affidavit is a legal document used to establish the death of one joint tenant in a property ownership arrangement. This form allows the surviving joint tenant to assert their rights to the property without the need for probate proceedings. Understanding the purpose and use of this affidavit is crucial for those navigating joint tenancy issues in California.
To fill out the form, click the button below.
In California, when a joint tenant passes away, the process of transferring property ownership can be streamlined through a specific legal document known as the Death of a Joint Tenant Affidavit. This form serves as a vital tool for the surviving joint tenant, allowing them to establish their sole ownership of the property without the need for complex probate proceedings. By completing this affidavit, the surviving tenant can provide clear evidence of the deceased's death and their joint tenancy status, thus facilitating the transfer of property rights. Essential information included in the form typically encompasses the names of the deceased and the surviving joint tenant, details about the property in question, and the date of death. This straightforward process not only helps in avoiding potential disputes over property rights but also offers peace of mind during a challenging time. Understanding the significance and proper use of this affidavit can empower individuals to navigate the legal landscape effectively, ensuring that their loved ones’ wishes are honored and property transitions occur smoothly.
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.
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)
Subscribed and Sworn to Before Me by - State-specific document in California for affirming declarations with legal standing.
California 1292 10 - The form mandates disclosure of all tax returns filed in the past three years, underscoring its utility in assessing financial transparency and compliance in family law matters.
California 461 - Guidance for major donors and independent committees on reporting monetary and nonmonetary contributions to political campaigns.