Legal Question in Real Estate Law in California

Re: dead of joint tenant/rights of survivorship

You need to prepare and record an Affidavit of Death - Joint Tennant with the County Recorder in the County in which the property is located. You should be able to obtain the Affidavit of Death at a Staples or Office Depot store.

Re: dead of joint tenant/rights of survivorship

The step suggested by Mr. Hoffman is very useful for clearing up the property records, but is not truly essential for your acquiring full ownership. I assume that your mother's estate has been (or is being) probated, or that it's been determined that it's small enough not to require probate. Property acquired by a joint tenant's death is outside probate, however.

There is one somewhat bothersome item in your question. There are two main ways to hold property together with someone: as "joint tenants" or as "tenants in common." They differ in that joint tenancies include the right of survivorship. One cannot be a "joint tenant in common" because this expression is a mixture of two different terms for two different ways to hold title.

Re: dead of joint tenant/rights of survivorship

Funny that this question just appeared. I have just now returned from the county recorder's office after having prepared an Affidavit -- Death of Joint Tenant. The county will also require completion of a preliminary change of ownership form.

I like recording the affidavit, because it puts the world on notice of the ownership change.

By the way, sorry to hear about your mom and I hope the new year will be a better one for you.