Legal Question in Wills and Trusts in California

Re: Transfer of Deed

You need to file an Affidavit of Death of Joint Tenant with the County Recorder in the county in which the property is located. This is provided that you owned the home in Joint Tenancy with your spouse.

Google to find the website for your County Recorder and see if they have that form online. You will need a certified copy of your wife's death certificate and have the Affidavit notarized.

I hope this helps.

Re: Transfer of Deed

Yes. It's called an Affidavit - Death of Joint Tenant, and one sample can be found at http://www.gtc1.com/forms_pdf/affidavit-death_of_joint_tenant.pdf

Re: Transfer of Deed

It will depend on how title was held. Sometimes it can be done with an affidavit, and in other cases, you will be required to seek a court order (not a full blown Probate, but a Spousal Property Petition.

I am in Pleasanton, so feel free to call me.

Re: Transfer of Deed

I am very sorry to hear of your loss.

Co-Counsel is correct, you will need to file an affidavit, death of joint tenant (or something similar based on your form of title).

Just remember to also file a preliminary change of ownership showing that there is no change in ownership. This will prevent any possible reassessment of value (and the resulting increase in property tax) because of the change in the title.

Scott Linden

Re: Transfer of Deed

In California, when one joint tenant dies, the remaining joint tenants automatically take the deceased joint tenant's share of the property by right of survivorship. The surviving joint tenants are required to file a death certificate and an affidavit with the county recorder. Joint tenancy allows the surviving joint tenants to avoid probate, transfer and death taxes. If you would like affordable assistance in doing this correctly, contact us today for immediate help.