AFFIDAVIT OF DEATH
Fee: $179
When title to real property is held in the names of two or more owners and when one of the owners dies, title to the real property may sometimes be transferred to the remaining owners by preparing and recording an “Affidavit of Death” form.
* The fees above do not include filing, recording, or courier service fees.
MORE ABOUT AFFIDAVIT OF DEATH
We The People offers the following Affidavit of Death forms:
- AFFIDAVIT OF DEATH OF JOINT TENANT
- AFFIDAVIT OF DEATH OF SPOUSE (Title Held as Community Property
with Right of Survivorship) - AFFIDAVIT OF DEATH OF SPOUSE (For Community Property not Titled
as Community Property with Right of Survivorship) - AFFIDAVIT OF DEATH OF LIFE TENANT
- AFFIDAVIT OF DEATH OF TRUSTEE
When title to real property is held in the names of two or more owners and when one of the owners dies, title to the real property may sometimes be transferred to the remaining owners by preparing and recording an “Affidavit of Death” form.
An Affidavit of Death is usually not used when the title to real property is held as tenants in common, but can generally be used when real property is held in joint tenancy (with “rights of survivorship”), as community property (with or without “rights of survivorship”), as a life estate, or in trust.
In such situations, going to court to change the title to the real property is usually not necessary. Instead, an Affidavit of Death and a certified copy of the death certificate can be used. After the Affidavit of Death is signed and notarized, the affidavit and the certified copy of the death certificate are both recorded at the County Recorder’s office in the county where the real property is located.
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