Document recording › Affidavit of Death
When a joint tenant passes away, the survivor's title must be cleared by recording an Affidavit of Death alongside a certified copy of the death certificate. We handle the notarization and filing — with care and without adding to your burden at a difficult time.
What to have ready: an official certified death certificate (not an informational copy), the property's legal description or APN, and the existing deed showing joint tenancy.
How this works
Understanding what gets recorded and why is the first step to clearing the title quickly.
When two people hold property as joint tenants, the survivor automatically inherits 100% of the property when the other dies. The Affidavit of Death is the mechanism that clears the deceased person's name from the public record.
California married couples sometimes hold property as "community property with right of survivorship," which works similarly to joint tenancy for estate purposes. The recording process is the same.
Estimate your cost
These are the same fees that apply to deed-category documents including SB2, fraud fee, and AB 1466.
Estimate Your Recording Costs
Common questions
It is a document signed under penalty of perjury by the surviving joint tenant (or authorized person) confirming that the other joint tenant has died. When recorded with a certified copy of the death certificate, it removes the deceased person's name from the title without a court probate proceeding.
You need the completed and notarized Affidavit of Death of Joint Tenant and a certified copy of the death certificate. The death certificate must be an official certified copy issued by the county or state — a photocopy or informational copy will not be accepted by the recorder.
For property held in joint tenancy with right of survivorship, yes — this affidavit bypasses the probate process entirely. The surviving joint tenant automatically inherits the property; the affidavit simply clears the public record.
Joint tenancy includes a right of survivorship — when one owner dies, the other automatically takes 100% of the property. Community property with right of survivorship works similarly for married couples. A separate Affidavit of Death may be used for community property situations — consult your attorney on which form applies.
Generally no, for a surviving joint tenant. However, Proposition 19 changed some parent-child and grandparent-grandchild exclusions. Consult a property tax attorney or the county assessor's office for your specific situation.
Walk-in recording at the county recorder's office is typically same-day. We bring the affidavit and certified death certificate, pay the fees, and return the recorder-stamped conformed copy to you.
Yes. We notarize the affidavit at your location — home, office, or wherever is convenient — and then drive to the recorder's office to file it in the same trip.
If the property was in a revocable trust, the process is different — an Affidavit of Death of Trustee or Successor Trustee affidavit may be used instead. We record those as well. Contact us with your specific situation and we will confirm the correct document type.
Call or text with your county, property address, and whether the affidavit needs notarization. We will confirm same-day and handle the rest.