Compton, CA asked in Real Estate Law and Probate for California

Q: If a joint owner of a house passed away, what process is required to make the survivor the sole owner?

The house is in California and owned by both of my parents, both are California residents. I am not aware if there is any form from the superior court resource that deals with this issue (closest being the spousal transfer form) directly.

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1 Lawyer Answer
John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: Assuming the deed says "in joint tenancy" or "as joint tenants"then you would just need to record an "affidavit of death of joint tenant" form. Can probably get that online somewhere. I believe a preliminary change of ownership form is also required which can be be obtained from the county assessor's website. Good luck.

P.S. You might look into a living trust because at the second death a probate would be needed.

James Edward Berge and Nina Whitehurst agree with this answer

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