Transferring real property title to Surviving Joint Tenant

Written by: leonora  |  Published on: January 25th, 2012  |  Category: Administration, Estate Planning

When real property’s title is held in Joint Tenancy, the Joint Tenancy terminates automatically, but record title must still be cleared. This is done in order to all the Surviving Joint Tenant to have clear title when the time comes to sell or transfer the property.

The simplest way to do this without court interference is through an affidavit procedure outlined in California Probate Code §210(a).

This Affidavit should contain the following:
1. Be signed by the person having knowledge of the facts (usually the surviving Joint Tenant);
2. Include legal description of the property, parcel number, physical address, date the Joint Tenancy deed was recorded;
3. Optional: specify that the Joint Tenancy was not severed;
4. Signed by a notary.

This Affidavit should also be recorded with the County Recorder’s Office. Submit the affidavit along with the preliminary Change of Ownership Report. While the original should be recorded, a copy should be retained and provided to the Title Company upon request.

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