AFFIDAVIT OF DEATH
(Joint Tenant / Trustee)
So, what do you do when someone dies and Title was held in Joint Tenancy? Or held as Trustee of their Trust?
At the moment that a person dies and title is held in Joint Tenancy, the other joint tenant will automatically receive that person's share. i.e. The Wife will receive her Husband's share upon Husband's death if title is held in Joint Tenancy. However, you will want to make sure that the "record" shows that you are the only owner. Tax bills and Deeds will still show that the property is held under both names.
In order to make it clear that the surviving joint tenant is now the sole owner of the property, the survivor should document the change in the public real estate records.
PREPARE AN AFFIDAVIT OF DEATH OF JOINT TENANT OR TRUSTEE
If title was held in Joint Tenancy, then you will need to file an “Affidavit –Death of Joint Tenant” If title was held as Trustee, then you will need to file an "Affidavit-Death of Trustee". Both documents will need to be notarized.
Typically, the statement is about a page long and contains: a legal description of the property (copied from the deed), a statement that the property was held in joint tenancy, a reference to the deed that transferred the property to the joint tenants, including its date and where it was recorded (filed) in the local land records office, the name and date of death of the deceased joint tenant, and the name and signature of the surviving sole owner. Additionally, you will need a certified copy of the death certificate.
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