Legal Question in Real Estate Law in California

It would do no harm to record another one, but is it really necessary? Is your mother at risk of judgment creditors siezing the home to pay the judgment? That is really the only purpose of a recorded homestead declaration, and even then it only really serves to identify the homestead property when the owner owns multiple properties. The homestead exemption is automatic, whether recorded or not. The recording only affects the burden of proof that you meet the requiements for exemption, and allows you to sell and buy a new house without losing the exemption as to the proceeds of the sale, IF the liability has attached prior to the sale. So if you don't have a lawsuit pending or expect one against you, recording has little or no effect.

If, after Mr. McCormick's above comments, your mother still wants the mental feeling of safety by being hyper-conserative and filing, the process is simple. She has to prepare a Declaration stating in essence that she is the homeower, she lives there as her permanent principal residence, the exact legal decription [found on the deed or title report], and the APN number. The last line shoul;d be of the order of: I, Mrs. XX, hereby declare under penalty of perjury that the above is true and correct of my knowledge or reasonable believe,and that if called as a witness I would and could so testify. It must be notarized and filed with the County Records office. Shop around for notaries as they can cost $10-25. There are services that will handle such matters and they are resticted to a $25 charge for what you need.

Nothing needs to be done with respect to the declaration of homestead.

There are two kinds of homestead exemption in California - usually referred to as the "automatic" and the "declared" homestead. The coverage (protection from certain creditor claims) of the two are somewhat different and somewhat overlapping. Most people don't need a declared homestead and will never benefit from filing one; also, filing a homestead declaration is kind of a red flag to potential lenders that the property owner is anticipating problems. Further, the 1990 declaration remains valid as to your mother under Code of Civil Procedure section 704.995 and would remain valid as to her even if your father had been the only signatory.

In addition, while it is a good idea to record an affidavit of death of joint tenant, I would not quite go so far as to say she "has to" do so. Of equal or greater concern may be whether the balance of his estate has been handled in accordance with probate law.