Legal Question in Wills and Trusts in California

Affidavit of Death of Joint Tenant

Standard CA forms for this affidavit include text that addresses the value of all real and personal property owned by decedent. Why?

I plan to file an affidavit for a third party. Mr. and Mrs. A owned this land as Joint Tenants WROS when she died in 1992. Mr. A conveyed the land to me in 2003. Turns out he never filed the affidavit. But I can, I've ordered Mrs. A's certified Death Certificate. But I don't know and don't care how much she owned in 1992. Can I leave that section out of my affidavit when I record it?


Asked on 2/03/03, 8:37 am

2 Answers from Attorneys
Sandra Hauch Law Offices of Sandra J. Hauch

Re: Affidavit of Death of Joint Tenant

The Affadavit - Death of Joint Tenant is only for terminating the joint tenancy, and nothing more (ie, it is not for an evaluation of the estate at the time of the decedent's death). As such, I'm a little suspicious of the form you mention.

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Answered on 2/03/03, 6:42 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Affidavit of Death of Joint Tenant

The affidavits I use (originally provided by a title company) just have reference to the one particular piece of property I'm recording the affidavit for, so I see no problem with what you propose.

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Answered on 2/03/03, 12:02 pm


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