Joint Tenancy is a type of property ownership by which two persons own real estate or personal property together. Upon the death of one joint tenant, his or her interest automatically passes to the surviving joint tenant, who becomes sole owner. In this event, the survivor must file an Affidavit of Death of Joint Tenant document with the proper authorities.
Married couples have a legal right to survivorship in the event that a spouse dies. The surviving spouse may receive half of the couple’s community property without probate. The surviving spouse must file an Affidavit of Death of Joint Tenant to remove the deceased spouse’s name from the land records at the count clerk’s office.
When filing an Affidavit of Death of Joint Tenant:
• Obtain an Affidavit of Death of Joint Tenant form and a certified copy of the spouse’s death certificate.
• Fill out all information for the Affidavit of Death of Joint Tenant correctly.
• You must sign the Affidavit of Death of Joint Tenant before a notary public. Make sure you have a photo identification at the notary public office.
• Notarize the signature on the Death of Joint Tenant Affidavit.
• Record the Affidavit of Death of Joint Tenant at the land office located in the same county as the real property.