Legal Question in Real Estate Law in California

Re: death of joint tenant

I am not aware of a statute but each county has its own rules as to when it should be done. There are no tax consequences. If you want the property to be in the name of the surviving joint tenants the Title Insurance company will insist on such a filing. Until you are ready to sell the property or take out a loan, I am not sure that there is any need to file before a certain time unless the county in which the property is located imposes some type of penalty.

Re: death of joint tenant

Probate Code sections 200 to 204 set up procedures for proceedings to establish the fact of death. Probate Code sections 210 to 212 cover the recording of affidavits of death and similar instruments tending to establish the fact of death. None of these provisions seems to contain a statute of limitations or time limit.

As a practical matter, since the affidavit, etc. is only rebuttable evidence and not conclusive proof of the theings recited therein, the sooner it is sworn out and recorded, the more credibility it is likely to have; also, an earlier recording has the practical value of giving notice to possible adverse claimants.

Note that Probate Code section 215 requires the beneficiary or person in possession of the property of a decedent who may have received public health assistance to notify the Director of Health Services of the death within 90 days. This is so the Health Services people can go after any monetary reimbursement to which they're entitled from the estate.