In California, when one joint tenant dies, the surviving joint tenant already owns the whole property. To clear the deceased owner's name from the public record, a person who knows the facts signs an Affidavit – Death of Joint Tenant in front of a notary, attaches a certified death certificate, and records it with the county recorder. No court is involved.
This page walks through the form line by line, links to the official county forms, lists what to bring to the recorder, and explains the property-tax filings that come after.
The survivor already owns the property, and the affidavit puts the death on the public record
Joint tenancy must be expressly declared in the deed (Civil Code §683), and it carries a right of survivorship. When one joint tenant dies, their interest ends and the surviving joint tenant holds the whole property. That happens because of how title was held, not because of any form.
What the form does is make the change visible. Probate Code §210 lets a person record proof of the death so that title records show the decedent is gone. The details:
- Who may sign: any person with knowledge of the facts (§210(a)). Usually that is the surviving joint tenant.
- What it must include: a particular description of the property (the legal description from the deed) and a certified copy of the death record attached. The "informational" certified copy is acceptable (§210(a)). A photocopy is not.
- How it is indexed: the recorder indexes the decedent as the grantor (§211), so a title search shows the interest leaving their name.
- What it proves: once recorded, the affidavit is prima facie evidence of the death (§212).
There is no Judicial Council form for this affidavit, and the Probate Code sets no deadline to record it. Each county recorder publishes its own version, and title companies have their own. County forms are signed in front of a notary.
The affidavit works only when the deed actually says joint tenancy
Before anything else, read the most recent recorded deed and find the words that describe how the owners held title. That phrase, called the vesting, decides which process applies.
| What the deed says | What happens at death | The usual tool |
|---|---|---|
| "as joint tenants" (including "husband and wife as joint tenants") | The survivor owns the whole property | Affidavit – Death of Joint Tenant (this page) |
| "community property with right of survivorship" | The surviving spouse owns the whole property (Civil Code §682.1) | The same §210 mechanism, using the county's spouse version (often titled Affidavit – Death of Spouse or Affidavit of Surviving Spouse). See Affidavit – Death of Spouse |
| "community property" (no survivorship words) | The decedent's half passes by will or by law | If it passes outright to the spouse, no administration is needed (Probate Code §13500, with the exceptions in §13501); after 40 days the spouse may sell or mortgage with a §13540 affidavit, or get a Spousal Property Petition order confirming title (§13650). Otherwise a small-estate route or probate |
| "tenants in common" | No survivorship. The decedent's share goes to their estate | A small-estate procedure, succession petition, or probate |
| A trustee of a living trust | The successor trustee takes over | Trust administration |
The recorded deed controls unless a court orders otherwise. Your LDA prepares the documents for the vesting you confirm from the deed; if the vesting is unclear, that is a question for an attorney.
Joint tenancy does not avoid probate when the last owner dies, the tenancy was severed, or both owners died together
Joint tenancy avoids probate only for the first death. Several situations change the answer:
- The decedent was the last surviving joint tenant. There is no one left to take by survivorship. The property belongs to the decedent's estate, which may qualify for a small-estate affidavit (§13100), a succession petition for the home (§13151), a small-value real property affidavit (§13200), or a full probate. See what probate costs and how long it takes.
- The joint tenancy was severed. A joint tenant can end the survivorship right during life, for example by deeding their interest to themselves and recording that deed before death (Civil Code §683.2). A severed tenancy becomes a tenancy in common.
- Both owners died at the same time, or it cannot be shown who died first. Special rules apply (Probate Code §223(b)).
- The house was supposed to be in a living trust but the deed still shows joint tenancy or individual names. A Heggstad petition may move it into the trust without a full probate.
Each of these depends on the facts. If one may apply to you, that is a question for an attorney, and your LDA will tell you so.
Start with your own county recorder's form, because each county publishes its own
Recorders generally accept any affidavit that meets the recording rules, but starting with your county's own form avoids most formatting rejections. These are the official pages for the largest California counties, each checked on October 19, 2026:
| County | Where to get the form |
|---|---|
| Los Angeles | Registrar-Recorder/County Clerk: Affidavit of Death of Joint Tenant/Trustee |
| Orange | Orange County Clerk-Recorder (forms are under Recorder Services) |
| San Diego | Assessor/Recorder/County Clerk: Affidavit of Death of Joint Tenant (PDF) and its instructions (PDF) |
| Riverside | Assessor-County Clerk-Recorder: Recorder Sample Documents (listed as "Affidavit Death of Joint Tenant") |
| San Bernardino | Assessor-Recorder-Clerk: Forms & Fees (listed as "Affidavit – Death of Joint Tenant") |
| Santa Clara | Superior Court self-help sample affidavit (PDF). Record it with the Santa Clara County Clerk-Recorder's Office. |
| Sacramento | County Clerk/Recorder: Affidavit – Death Forms |
For other counties, search your county recorder's website for "affidavit death of joint tenant."
Fill in each line exactly as the recorded deed shows it
County forms differ in layout, but they ask for the same information. Most rejections come from a detail that does not match the deed.
| Line on the form | What to enter | Where it comes from |
|---|---|---|
| Recording requested by / when recorded mail to | Your name and mailing address, so the recorded original comes back to you | You |
| Mail tax statements to | The surviving owner's mailing address | You |
| Assessor's Parcel Number (APN) | The parcel number, exactly as printed | The deed or the property tax bill |
| Documentary transfer tax | A statement that no tax is due because the transfer is by death (R&T Code §11930) | Many county forms print this line for you |
| SB2 fee exemption | Mark the exemption if the home is occupied by its owner | First page of the form |
| Name of the person signing | The affiant's full legal name | The signer's ID |
| Decedent's name | Exactly as it appears on the deed. If the death certificate spells it differently, add "also known as" | The deed and the death certificate |
| The original joint-tenancy deed | Its date, the names of the grantors and grantees, the recording date, and the document (instrument) number or book and page | The recorded deed |
| Legal description | Copied word for word, including lot, tract, map book and page references. Attach it as an exhibit if it does not fit | The recorded deed (a street address is not enough) |
| Identity statement | That the person named in the attached death certificate is the same person named as a joint tenant in the deed | Printed on the form |
| Signature and date | Signed in front of the notary, not before | The signer |
| Notary certificate | The notary completes the certificate printed on the form. Some counties use a jurat, others an acknowledgment | The notary |
Then attach the certified death certificate behind the affidavit. The recorded death certificate becomes part of the public record. On the informational certified copy, the Social Security number may be redacted. Check your county's instructions for any other rules.
Bring the recorder a complete package so it records the first time
To the county recorder, together:
- The signed and notarized affidavit, with the certified death certificate attached.
- A Preliminary Change of Ownership Report (PCOR). It is filed with the recorder alongside the affidavit, but it is not recorded and stays confidential (R&T Code §481). The recorder may charge an extra $20 if it is missing (§480.3).
- The county's recording fee. Recording fees vary by county and page count, so check your county's fee schedule.
- Many counties accept this package by mail as well as at the counter. Check your county's mailing address and any cover-sheet rules first.
To the county assessor, separately:
- The Change in Ownership Statement, Death of Real Property Owner (BOE-502-D), due within 150 days of the death.
- If a child is inheriting the decedent's share of a family home, the Prop 19 claim (BOE-19-P).
- If two co-owners both lived in the home, the Affidavit of Cotenant Residency (BOE-58-H) for the cotenancy exclusion.
File the BOE-502-D with the assessor even though the PCOR went to the recorder
The PCOR and the BOE-502-D are separate filings, and filing one does not cover the other. The PCOR travels with the recorded affidavit. The BOE-502-D tells the assessor about the death and is due within 150 days of it (R&T Code §480(b)).
A penalty applies only if the assessor sends a written request and the statement still is not filed within 90 days of that request. The penalty is $100 or 10% of the new base-year taxes, capped at $5,000 when a homeowners' exemption applies and $20,000 otherwise, if the failure was not willful (§482). The simplest course is to file both.
The deceased owner's share is reassessed unless an exclusion applies
When a joint tenant dies, only the decedent's share changes ownership, and it is reassessed at current market value unless an exclusion applies:
- Surviving spouse: excluded (R&T Code §63).
- Registered domestic partner: excluded (§62(p)).
- A child, under Prop 19 (§63.2): the home must have been the parent's principal residence and must become the child's principal residence within one year, with a homeowners' exemption filed within one year. Value above the prior assessed value plus $1,044,586 (transfers from February 16, 2025 through February 15, 2027) is reassessed. The claim is due within three years of the transfer, or before the home is transferred to someone else or the child stops living there, whichever is earlier. See Prop 19 and the inherited home.
- Exactly two co-owners (§62.3): the survivor may be excluded if both owned the whole property together, held it together for the full year before the death, and both lived there as their principal residence during that year. The survivor files the Affidavit of Cotenant Residency (BOE-58-H) with the assessor.
Whether any exclusion applies depends on the facts. You tell your LDA which claim to prepare, and if choosing between them needs legal advice, your LDA will tell you to consult an attorney.
There is no documentary transfer tax on a transfer at death (R&T Code §11930). The $75 SB2 recording fee (Government Code §27388.1) is waived when the property is a home occupied by its owner. Otherwise it is generally owed.
A registered LDA can prepare the whole package for one flat fee
None of this requires a court, and you can do it yourself from your county's form. The work is precise rather than hard: the deed details, the legal description, the PCOR, the BOE-502-D, and the right exclusion claim all have to match.
A registered California Legal Document Assistant prepares the package at your direction: the affidavit from your county's form and the PCOR. The BOE-502-D, and the Prop 19 or cotenancy claim if one applies, can be prepared for an additional fee. ProbateClear's flat fee is $200. Recording fees and certified copies are paid at cost. An LDA is not a lawyer and does not give legal advice. If something in your situation needs an attorney, your LDA tells you.
How it works
- Confirm the deed says joint tenancyRead the most recent recorded deed. The owners must hold title "as joint tenants" (or as community property with right of survivorship, which uses a similar county form). Tenancy in common, plain community property, or a trust each call for a different process.
- Order certified copies of the death certificateThe recorder needs a certified copy attached to the affidavit. A certified copy from the county or state vital records office is required. Either kind works, including the "informational" certified copy anyone can order (Probate Code §210(a)). A photocopy is not accepted. Order extra copies for the lender, title company, and insurer.
- Complete the county's affidavit formCopy the decedent's name as it appears on the deed, the original deed's recording information, the assessor's parcel number, and the full legal description, word for word, from the recorded deed.
- Sign in front of a notaryAnyone with knowledge of the facts may sign. Usually that is the surviving joint tenant. The signature is notarized using the certificate wording on the county's form.
- Prepare the Preliminary Change of Ownership Report (PCOR)The PCOR is filed with the recorder alongside the affidavit. It is not recorded and stays confidential. The recorder may charge an extra $20 if it is missing.
- Record the package with the county recorderDeliver the notarized affidavit with the certified death certificate attached, the PCOR, and the county's recording fee, in person or by mail where the county accepts mail.
- File the BOE-502-D with the assessor within 150 days of deathThe Change in Ownership Statement (Death of Real Property Owner) is filed with the county assessor, as the form directs. It is a separate filing from the recorded affidavit and the PCOR. If a child is inheriting the decedent's share of a family home, the Prop 19 claim (BOE-19-P) goes to the assessor too.