How do I file an "Affidavit of Death of Joint Tenant" to officially clear a deceased person's name from a California property title?

To clear a deceased person's name from a California property title held in joint tenancy, you must complete an "Affidavit of Death of Joint Tenant," attach a certified death certificate, and record these documents with the County Recorder's Office. This process transfers the deceased's interest to the surviving joint tenant(s) automatically by law. Here are the steps to file the affidavit: Step 1: Obtain the Required Documents You must obtain a government-issued, certified copy of the deceased joint tenant's death certificate. You can typically get this from the County Health Department or Office of Vital Records where the death occurred. You will also need a copy of the current property deed to get the exact legal description of the property. Step 2: Complete the Affidavit of Death of Joint Tenant Form You can find this standard form at office supply stores, from a title company, or have an attorney prepare one. On the form, you (the surviving joint tenant) will state under penalty of perjury the name of the deceased, the date of their death, and the legal description of the property. The legal description must be written exactly as it appears on the property's deed. Step 3: Sign the Affidavit Before a Notary Public You must sign the completed affidavit in the presence of a California Notary Public. The notary will verify your identity and affix their official seal. An unnotarized affidavit cannot be recorded. Step 4: Fill Out a Preliminary Change of Ownership Report (PCOR) In California, you must also submit a PCOR (Form BOE-502-A) to the County Recorder along with the affidavit. This form gives the County Assessor information to determine if the property transfer triggers a tax reassessment. The death of a joint tenant typically does not trigger reassessment. Step 5: Record the Documents and Pay Fees Take the original, notarized Affidavit, the certified copy of the death certificate (which will be attached to the affidavit), and the completed PCOR to the County Recorder's Office in the county where the property is located. You will have to pay a recording fee; check the specific county's website for the current fee schedule. The Recorder's Office will stamp the documents and make them part of the public record. Important Details and Nuances The legal description of the property on the affidavit must be precise and match the deed perfectly. Any discrepancy can create a "cloud on title" that may be expensive to fix later. The recording of these documents officially updates the property title. Warnings and Limitations This process applies ONLY to property held in "joint tenancy with right of survivorship." It does not work for property held as "tenants in common" or as "community property" (unless it is "community property with right of survivorship"). Errors in preparing or recording the documents can cause significant title problems. This is general information and does not constitute legal advice. For complex situations, such as unclear title or potential tax consequences, consult with a qualified California attorney.