Affidavit of Death of Joint Tenant or Trustee
When a co-owner or trustee dies, the property doesn’t update itself. In California, a short sworn affidavit, recorded with the county, does it.
Home Documents Affidavit of Death
Quick answer
When property was held in joint tenancy, as community property with right of survivorship, or in a trust, the death of an owner or trustee is put on the record with an affidavit recorded under Probate Code § 210. The affidavit is signed under oath before a notary, usually by the surviving owner or successor trustee, and recorded with the Los Angeles County Registrar-Recorder along with a certified copy of the death certificate.
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Which affidavit
| How title was held | Usual affidavit | Usually signed by |
|---|---|---|
| Joint tenancy | Affidavit – Death of Joint Tenant | The surviving joint tenant |
| Community property with right of survivorship | Affidavit – Death of Spouse (or similar) | The surviving spouse |
| Trust, when a trustee dies | Affidavit – Death of Trustee | The successor trustee |
Use the form that fits how title was held, and have the deed handy for the recording information and legal description. If you aren’t sure, a title company or real estate attorney can tell you.
Signing and notarizing
- Complete the affidavit, including the decedent’s name exactly as on the deed, the date of death, the legal description and APN, and the recording reference of the deed.
- Sign it in front of the notary, after an oath. These affidavits are sworn statements, so a jurat is typical; follow the wording on your form.
- Attach a certified copy of the death certificate (not a photocopy), ordered from the county or state.
- Record it with the Registrar-Recorder (Norwalk headquarters, by mail, or through a title company) with a Preliminary Change of Ownership Report and the recording fee.
Related steps
- The Assessor reviews changes in ownership for property tax reassessment; exclusions may apply for surviving spouses and some other transfers.
- If the property was held in the decedent’s sole name (not joint tenancy, community property with right of survivorship or a trust), an affidavit alone usually won’t transfer it; talk to a probate attorney.
- Because the affidavit affects title to real property, expect the notary to take a journal thumbprint. See journal and thumbprint rules.
Common questions
Does an Affidavit of Death of Joint Tenant need to be notarized?
Yes. It is a sworn statement that will be recorded, so it must be signed before a notary.
Do I need a certified death certificate?
Yes. Recorders require a certified copy attached to the affidavit.
Can you get the death certificate for me?
Certified copies must be ordered from the county or state vital records office by an authorized person. A notary can’t make or certify one.
Related guides
- Grant & Quitclaim DeedsWho signs, thumbprints, recording in LA County and fraud protection.
- Living TrustsTrusts, amendments, certifications of trust and trust transfer deeds.
- Birth, Death & Marriage CertificatesWhy notaries can’t certify them, where to order copies, and apostilles.
- Affidavits & Sworn StatementsThe oath, the jurat, and when a declaration needs no notary.
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