Legal Question in Real Estate Law in California

Re: Quitclaims - Death of one owner

If they held title in joint tenancy, record an affidavit of death of joint tenant. If they did not hold the property in joint tenancy, the wife will probably have to open probate proceedings.

This reply is a courtesy and does not create an attorney client relationship.

Re: Quitclaims - Death of one owner

If the property was not held in joint tenancy but

was community property, there is a summary probate

proceeding that can be used to transfer title from

deceased husband to surviving wife. However, from

the way in which you ask your question it sounds

like you are not intending to buy title insurance.

You should. The title company will then tell you what

it needs to insure your title.

Re: Quitclaims - Death of one owner

You may be able to remove the deceased spouses name from a deed holding property as community property, through the use of a document similar to the declaration used for joint tenancy. Check with one or more title companies regarding the use of a declaration of death to remove the deceased spouse's name from the deed. Many escrow agents and attornies are no familar with this procedure.

Also you should be getting a grant deed not a quit claim deed. A quit claim deed transfers only the interest that the transferor may have. A grant deed is a guarantee that the transforer has any interest.