California affidavit of death of a joint tenant is a lawful document establishing the death of either a husband or wife and states that the surviving spouse as the new owner of the premises. It allows the signatory to inform various financial and business organizations, including insurance companies, of the recently deceased. The printable affidavit form must contain the description of the premises, be acknowledged by the surviving spouse, and certified by a notary public.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
The focal purpose of any affidavit of death is the statement that the affiant declares the deceased’s death, knows about the matter personally, has the legal capacity to acknowledge it, and possesses the right to apply for a change of ownership. An affidavit of death of a joint tenant is created if the dwellers, often the couples, owned the premises in joint tenancy.
Joint tenancy ownership ensures two or more individuals share equal rights for the property and management, including the sale. Therefore, all authorized owners must provide their consent to handle the estate. In case the joint tenant dies, the rest individuals cannot manage the property in full unless an affidavit of death of a joint tenant is registered to influence the ownership changes legally.
A California affidavit of death of a joint tenant allows the surviving spouse or another authorized surviving joint tenant to inform the financial institutions, title organizations, and the assessor’s office of one of the joint tenant’s death and apply for the change of the title. Unless the affidavit of death is recorded, authorized individuals cannot sell and transfer the premises or manage any banking accounts.
Though one can find various templates of the respected form, the document must contain particular parameters mandatory for verification. Consider the list below and ensure that all aspects are included and in line with the requirement of the state of California:
As in most cases, the affiant appears to be the surviving spouse. They should provide the related info and identify themselves, indicating the affiant’s legal capacity to prepare the affidavit.
The document should include the decedent’s legal name as indicated both in the death certificate and the current deed for premises.
These data must correlate with the info disclosed on the death certificate.
It indicates the state or region where the affidavit is prepared and signed. Often counties within one state offer diverging data. Thus, for example, Sacramento County does not provide Instrument Numbers metrics needed to define the premises. In this event, the preparer should enter all parameters available.
Use the accurate description provided in the deed for premises. You are also empowered to photocopy the unit and attach it to the affidavit form. Ensure to specify that the description is included in the Exhibit.
The preparer must date and sign the affidavit proving all submitted info is authentic and correct. This condition ensures the affiant is aware of penalties for knowingly false statements.
Under California statutes, the affidavit should be obligatory signed in the presence of and verified by a notary public.
We offer our website visitors ready-to-use templates constructed by our specialists. Our PDF files comply with the state laws, which guarantees that you won’t miss any critical components. Any additional information can be found on the Superior Court of California website in the Simplified Probate Procedures section.
Once you have completed the affidavit of death of a joint tenant and notarized the document, you should follow a particular algorithm to file and record the application. Keep a copy of every page for your own records.
Create and print the California affidavit of death of joint tenant form with our online software, then work through the steps below in order. Each step covers one part of the form and comes with a picture, so you can see where your answer goes.
Identify the New Owner(s)
Type the full legal name of the person completing this affidavit. After the application is accepted, the indicated person becomes the new owner of the premises.
Determine the Return Address
Enter the name and mailing address of the person who should receive the certified copy of the affidavit. This individual also becomes liable to receive and fulfill tax returns. Fill in these details:
Skip the “Recorder’s Use Only” Section
Leave this section blank. The unit defines if the claimant is fee-exempt for submitting the form.
Submit the APN
Type the assessor’s parcel number (APN) shown on the tax statements or the current agreement.
Define the Signatory
Type the name of the person who is preparing the affidavit.
Enter the Decedent’s Data
Type the name of the person who died, exactly as it appears on the death certificate.
Identify the Decedent Tenant
Write the decedent’s name the way it appears in the agreement.
Specify the Date
Enter the date when the agreement for the premises was acknowledged.
Identify the Deed Parties
Start with the grantor’s legal name. On the next line, enter the names of the grantees, who are identified as the “tenents.”
Disclose the Registration Data
Enter the recording details for the property. Fill in each of these items:
If the residence region does not provide the required info, the signatory is empowered to enter only the data present in the deed for premises.
Describe the Premises
Copy the legal description exactly as it appears on the deed. You can also make a copy of the description and attach it to the affidavit. In that case, type “Consider the Exhibit A” in this box.
Acknowledge the Affidavit
Add the current date, your signature, and your legal name (typed or printed). Make sure you, as the declarant, provide the signature in the presence of a notary public.
Notarize the Affidavit
Certify the authenticity of the affidavit by collecting the notary’s signature, date, state seal, and other inherent elements.
A few small slips can mean printing the form again. Before you print the final copy of your California affidavit of death of joint tenant, look over every box and compare it with your papers. These are the slips to look for:
These answers cover the details people look up most while they fill in the form. Each one points back to the steps above, so you can check your entries against the pictures.
Most of the details come from three papers that you can keep next to you as you fill in the form.
Copy the description onto a separate sheet and attach it to the affidavit. Then type “Consider the Exhibit A” in the description box, as shown in the step called Describe the Premises. Keep the attached sheet together with the form.
Type each name the same way it appears on the document it comes from. The decedent’s name should match the death certificate and the deed, and your own name should match your ID. Check both before you print the form.
Print the form, check every entry once more, and keep the documents you used close by. The filing steps are listed under Steps to File the Affidavit of Death, so read them before you go to the Recorder’s Office.
Yes. Fill in a practice copy with made-up details, such as Anna Baker and 123 Main Street, so you see how each box works. Then start a fresh copy with the real information.
General information, not legal or tax advice.
