Create your affidavit of death of joint tenant

Disclaimer

We offer these form wizards as a guide for the many patrons who request help filling out forms. Only you can decide which form is appropriate and what information to include. These forms are for use only in simple situations. If you cannot easily answer any of the questions, do not use the wizard. Instead, call a lawyer or read about your options at the Law Library.

How to find a lawyer https://saclaw.org/self-help/attorney-locators/
How to find free legal help http://www.lawhelpca.org

I have read the disclaimer and agree to use this tool at my own risk.(Required)

Yes

No

This form will not work for you

This form will not work for you. Please consult a lawyer. This is the end of the form.

Before You Begin

You need the following documents:

Copy of the most current deed
- If you do not have a copy of the current deed, you should obtain one from the County Recorder’s office before you fill out this form.
Certified copy of Death Certificate
- You must attach this to the Affidavit before recording. You should have one from the funeral director, or you can purchase one from the Recorder's Office where the former trustee died.

Contact Information

Declarant's Name(Required)

This is the name of the person signing this affidavit, also called the "declarant."

Email(Required)

The completed deed will be emailed to you at this address.

Enter Email Confirm Email

This field is hidden when viewing the form

Date

Who will be recording this affidavit?(Required)

Enter the name of the person who will mail or deliver the affidavit to the Recorder's Office.

Who should receive tax statements from now on?(Required)

What street address should tax statements be mailed to?(Required)

Fill in the city, state, and zip code to mail tax statements to.(Required)

About the current deed (the deed which created the joint tenancy)

This is asking about the deed which the previous owners used to transfer the real estate to the current joint tenants. This should be the most recent ownership deed.

Grantor(s) of deed creating the joint tenancy(Required)

Name or names of the people who signed the deed transferring the property to the joint tenants.

Grantees on deed creating the joint tenancy(Required)

Names of the people who are listed as Joint Tenants on the current deed. List every Joint Tenant's name, including the decedent.

Date the grantors signed the deed(Required)

This is the date when the prior owner or owners signed. It is the date next to their signatures.

Recordation date of the deed moving the property into the trust(Required)

This is the date when the deed was recorded (filed). It will be included in the stamped information on the top right hand corner of the deed.

Does the deed show an "Instrument number" or "Book/ Reel and Page/Image" number?(Required)

Some counties use "Instrument Numbers" while others use "Book/Reel" and "Page/Image" numbers. Sacramento has used both systems at different times in the past.

You can find this in the stamp on the top right of the first page. If you see "Book/Reel" and "Page/Image," choose that option. If you see "Instrument number," "Doc No.," or if there are just numbers with no text, choose "Instrument number."

Book/Reel and Page/Image number

Instrument number

Example of Instrument Number and Book/Reel Number

Instrument Number(Required)

Book/Reel number(Required)

Page/Image number(Required)

Joint tenant information

About the deceased joint tenant

This section identifies the deceased joint tenant and proves that they have died. Get this information from the current Deed and the Death Certificate.

Name of deceased joint tenant as spelled on the death certificate(Required)

Spell the name exactly as spelled on Certificate of Death

Name of the deceased joint tenant as spelled on the joint tenancy deed(Required)

Spell the name exactly as spelled in the deed.

About the real estate

Information about the real estate itself.

Assessor's Parcel Number (APN)

This should be on the deed moving the property into the Trust. You can also get it from the county Assessor's office.

Street address of the real estate(Required)

What city is the real estate in?(Required)

If your real estate is not in any city, enter "unincorporated land."

What county is the real estate in?(Required)

Legal description - type or attach as exhibit?(Required)

You can either type out the Legal Description here, or attach a photocopy after you print this document out. Indicate whether you will be typing the Legal Description here, or attaching a copy.

Attach exhibit

Type into affidavit

How to label exhibit(Required)

Most people use either "Exhibit A" or "Exhibit 1" to label their legal description attachment. Legally it makes no difference whether you use numbers or letters.

A

1

Other

Enter the legal description of the property(Required)

This should be typed exactly as shown on the current deed.

Building fee exemptions

State law adds a $75 fee to this type of document. The fee raises money for affordable housing programs. There are a few exemptions from this fee.

In many cases, no exemption will apply to your transaction, but if one does, select it here. For example, if the remaining joint tenants lived at the property before the death, they might be considered an "owner occupier."

Choose one if applicable.(Required)

Not all transactions will qualify for an exemption.

Recorded concurrently "in connection with" transfer subject to Documentary Transfer Tax.

Recorded concurrently "in connection with" a transfer of residential dwelling to an owner-occupier.

Fee cap of $225.00 reached.

Not related to real property.

Not exempt.

SacLaw Library

www.saclaw.org