Recording Affidavit of Death

When one owner named as a joint tenant dies, the right of survivorship typically means the deceased person’s interest automatically vests in the surviving joint tenant(s). But that change in ownership is not always visible on public title records until someone records an Affidavit of Death of Joint Tenant. Recording the affidavit clears title, protects marketability, and makes it easy to sell, refinance, or insure the property.

Why it matters (importance & responsibility)

• Clears the public record. Lenders, title companies, escrow officers and buyers will usually want the affidavit or other recorded proof of death so they can rely on who actually owns the property. Without it, title may be “clouded” and transactions delayed or refused.
• Protects the surviving owner(s). Recording gives the survivors documentary proof that the deceased’s interest is no longer on record. That avoids disputes and prevents mismatched tax or mailing notices.
• Responsibility. Any person with knowledge of the facts (often a surviving joint tenant, an heir, or the successor) may prepare and record the affidavit. The person who signs the affidavit should be able to identify the deceased, cite the recorded deed (instrument/date), attach a certified copy of the death certificate, and provide a legal description of the property.

The usual step-by-step process in California

1. Obtain a certified copy of the death certificate. The county recorder will require an attested or certified copy (not just a photocopy).
2. Prepare the affidavit. Use a standard “Affidavit of Death of Joint Tenant” form (many county recorders or self-help pages provide samples) or a custom affidavit that complies with Probate Code §210: it must describe the property and attach the certified death record. The affiant must be over 18 and sign under penalty of perjury; the signature is normally notarized.
3. Include the deed reference and legal description. Cite the instrument number or recording date/page of the deed that created the joint tenancy and include the full legal description or parcel number. County forms typically require this information.
4. Record the affidavit with the county recorder where the property is located. The recorder will index the affidavit (the deceased is treated as the grantor; the affidavit is indexed in the grantor/grantee index). This recorded affidavit becomes prima facie evidence of death as to title for that property.
5. Provide recorded copy to title company/bank/escrow. After recording, present the stamped/recorded affidavit (and death certificate) to any institution that needs proof of ownership for transfers, refinancing, or insurance.

One surviving joint tenant vs. two (or more) surviving joint tenants

• If only one surviving joint tenant remains: that person becomes sole owner by operation of law (right of survivorship). Recording an affidavit simply confirms the change to the public record so title can be dealt with like any sole ownership.
• If two or more surviving joint tenants remain: the deceased tenant’s interest vests in the remaining joint tenants as joint tenants (they continue holding the property together with right of survivorship among them). Recording an affidavit documents that the deceased no longer appears on title; it does not change how the remaining tenants hold the property (they still hold as joint tenants unless they later sever the tenancy).

Do all surviving joint tenants need to sign or record an affidavit?

No — any person with knowledge of the facts may record the affidavit; it is common for a single surviving joint tenant (or a person with knowledge, e.g., an executor or family member) to sign and record the affidavit on behalf of all survivors. However, the affiant must correctly identify the deceased, the recorded deed, and the surviving owners. Local recording offices sometimes prefer or require the surviving joint tenant(s) to sign; check the county recorder’s instructions. If ownership is disputed, all interested parties or a court order may be required.

When you can’t use the affidavit (or when to go to court)

• Disputes or competing claims (someone contests survivorship or claims the joint tenancy was severed): you likely need a court decree or probate action.
• Missing deed or ambiguous records: a court proceeding may be necessary to quiet title or confirm ownership.
• Complex estates or tax questions: consult an attorney or tax advisor before recording; there can be documentary transfer tax consequences or other issues (some transfers are exempt, but exemptions and fees vary by county).

Practical tips

• Use your county recorder’s sample affidavit form (many counties publish templates).
• Attach the certified death certificate and a copy of the original deed (or clear recording references).
• Get the affidavit notarized before recording.
• Keep the recorded/stamped copy with your property records and provide it to title/escrow when needed.

Resources & legal citations

• California Probate Code § 210 (affidavit requirements) and § 211 (recording/indexing) explain the statutory procedure.
• County recorder sample forms and self-help guides (e.g., Santa Clara, Sacramento, San Bernardino county recorders) provide practical templates and local instructions.

Disclaimer: Khan Paralegal and Notary is not an attorney and this post is for general informational purposes only; it is not legal advice. If you face disputes, tax questions, or uncertain title issues, consult a licensed California attorney or your county recorder’s office before recording documents.