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Homepage Free California Death of a Joint Tenant Affidavit Form

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RECORDING REQUESTED BY:

_____________________________________

WHEN RECORDED MAIL TO:

Name:________________________________

Address:______________________________

City: _________________________________

State, Zip:_____________________________

Above Space for Recorder’s Use Only

AFFIDAVIT OF DEATH OF JOINT TENANT

Assessor’s Parcel Number: ____________________________

State of California

County of _______________________________________________ } ss

_______________________________________________________, of legal age, being first duly sworn, deposes and says: That

______________________________________________, the decedent mentioned in the attached certificate copy of Certificate

of Death, is the same person as _____________________________________________________ named as one of the parties in

that certain ___________________________________________________________ dated _______________,______________,

executed by ______________________________________________________________________________________________

to ______________________________________________________________________________________________________,

as joint tenants, recorded as Instrument No. ________________________________ on ___________________, _____________,

in Book ____________________, Page _______________, of __________________Records of ____________________________

County, California, covering the following described property situated in the said County, State of California:

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

__________________________________________________

That the value of all real and personal property owned by the said decedent at date of death, including the full value of the property above described, did not then exceed the sum of $ _________________________

_______________________________________

____________________________________

Print Name

Signature

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.

State of California

County of ___________________________________

Subscribed and sworn to (or affirmed) before me on this _____day of _____, 20___, by__________________________,

proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Official SEAL)

___________________________________

Notary Signature

ADJT (01/01/2015)

Common mistakes

When completing the California Death of a Joint Tenant Affidavit form, individuals often overlook critical details that can lead to complications. One common mistake is failing to provide accurate information about the deceased joint tenant. This includes not only the full legal name but also the date of death. Inaccuracies in this section can delay the transfer of property and may even result in legal challenges.

Another frequent error is neglecting to include the property description. The affidavit must clearly identify the property that is subject to the joint tenancy. Omitting this information can create confusion and may hinder the legal process of transferring ownership. It is essential to provide a complete address and, if applicable, the parcel number to ensure clarity.

People also sometimes forget to sign the affidavit in the appropriate places. A signature is a vital part of the document's validity. If the form is not signed correctly, it may be deemed incomplete, causing further delays. Additionally, witnesses may be required in certain cases, and neglecting to have the necessary signatures can complicate matters.

Finally, individuals may not be aware of the need to file the affidavit with the appropriate county recorder's office. Simply completing the form is not sufficient; it must be submitted to the correct authority to effectuate the transfer of property. Failing to do so could result in the property remaining in the deceased’s name, which can lead to additional legal hurdles for the surviving joint tenant.

Dos and Don'ts

When filling out the California Death of a Joint Tenant Affidavit form, it’s essential to approach the task with care. Here’s a helpful list of things to do and avoid to ensure the process goes smoothly.

  • Do gather all necessary documents before starting the form, such as the original property deed and the death certificate.
  • Do read the instructions thoroughly to understand what information is required.
  • Do ensure that the form is filled out in black or blue ink for clarity.
  • Do provide accurate information regarding the deceased joint tenant, including their full name and date of death.
  • Do sign the affidavit in front of a notary public to validate your signature.
  • Don’t leave any sections of the form blank; if a section does not apply, indicate that clearly.
  • Don’t use correction fluid or tape on the form; any mistakes should be crossed out neatly and corrected.
  • Don’t submit the affidavit without making a copy for your records.
  • Don’t forget to check for any local requirements that may apply in addition to state guidelines.
  • Don’t rush through the process; take your time to ensure all information is accurate and complete.

Similar forms

  • Affidavit of Death: This document is used to confirm the passing of an individual. It serves a similar purpose by providing legal recognition of a person's death, which may be necessary for settling estates or transferring property.
  • Probate Petition: When someone passes away, a probate petition is often filed to manage the deceased's estate. This document outlines the assets and debts of the deceased, similar to how the Death of a Joint Tenant Affidavit addresses property ownership after death.
  • Transfer on Death Deed: This deed allows individuals to transfer property directly to beneficiaries upon their death. Like the Death of a Joint Tenant Affidavit, it simplifies the process of transferring ownership without going through probate.
  • Living Trust: A living trust is a legal arrangement that allows a person to manage their assets during their lifetime and dictate how those assets are distributed after death. Both documents facilitate the transfer of property outside of probate.
  • Will: A will outlines how a person's assets should be distributed after their death. While the Death of a Joint Tenant Affidavit specifically deals with joint tenancy, both documents play crucial roles in estate planning and asset distribution.
  • Employment Verification Form: This document is essential for confirming an individual's employment history and qualifications during the hiring process. For more information, you can visit https://documentonline.org/blank-employment-verification-form.
  • Certificate of Death: This official document serves as proof of death. It is often required when filing other legal documents, including the Death of a Joint Tenant Affidavit, to establish the fact of death.