Last verified 2026-09-13; facts checked against the primary sources below
California affidavit of death of joint tenant: official form
Last verified: September 13, 2026
Get the form: Download the official Los Angeles County affidavit of death of joint tenant (PDF). Use it only after confirming that the recorded deed holds the property as joint tenants. Record the completed affidavit in the county where the property is located and check that county's current packet requirements.
For a Los Angeles recording: The recorder requests the completed affidavit, a certified death certificate, and a Preliminary Change of Ownership Report (PCOR PDF). Its PCOR exception for death of a beneficiary under a deed of trust is a different situation. Official submission instructions
Form and Los Angeles packet instructions checked October 20, 2026. Other county instructions retain the verification date above.
Before you sign: official-form checklist
| Bring or check | Why it matters |
|---|---|
| Recorded deed | Confirm joint tenancy, names, deed date and recording reference |
| Legal description | Copy the requested property description and include any referenced exhibit |
| Certified death certificate | Connect the deceased person's name to the name on the deed |
| Completed affidavit | Include the return address and requested property-value statement |
| Notary appointment | The Los Angeles form contains a sworn notarial certificate; complete the signing with the notary |
| County packet and fees | Confirm the recorder's current submission route and additional forms |
The Los Angeles form asks for a property-value statement. That blank is not a reason to substitute a small-estate affidavit threshold or guess a value. Resolve an uncertain entry before signing. A joint-tenant affidavit and an affidavit of death of trustee are different forms.
Two names on a bill or bank account do not establish that this real-property form fits. If you need the supporting record, see California death-certificate ordering steps.
1. Check the ownership wording on the deed
Locate the recorded deed and identify the owners, the way they hold title, the property description, and the recording reference. Los Angeles County describes this procedure for parties who hold title as joint tenants when one has died. Los Angeles recorder guidance
Do not change the ownership wording to make it fit a downloaded template. If you cannot tell whether the deed is current or what the ownership language means, resolve that question with a California real-estate or probate attorney before choosing the document.
| What you are handling | Starting point |
|---|---|
| Real property titled as joint tenants | The county's joint-tenant affidavit instructions |
| Property held by a trustee | Use the affidavit-of-death-of-trustee guide; the joint-tenant form is not interchangeable |
| Tenancy in common or unclear ownership | Review the deed and the appropriate transfer procedure before selecting a form |
| A joint bank account | Use the bank's process and our joint-account guide |
For the broader asset-by-asset question, see whether probate is needed in California.
2. Get a free form and the county's instructions
- Los Angeles County: The recorder's affidavit page links separate joint-tenant and trustee forms and its submission requirements.
- Sacramento: The County Public Law Library provides a free joint-tenant form, editable version, and completion instructions. Confirm current recording requirements with the county recorder.
- San Diego County: Its Navigating Loss page links courtesy affidavit forms, instructions, recording routes, and a fee schedule.
For another county, find its official recorder website and ask for the current requirements for an affidavit of death of joint tenant. Do not use another county's mailing address or assume its fee applies.
3. Assemble the document package
California Probate Code section 210 allows an affidavit establishing death to be recorded in the county where the real property is located. The affidavit must be executed by someone with knowledge of the facts, describe the particular real property, and include the required attested or certified death record. Probate Code section 210
Prepare the following, checking the chosen county's form:
| Item | What to check |
|---|---|
| Deceased owner's identity | The connection between the name on the death certificate and the name on the deed |
| Deed reference | The deed date, parties, recording date, and instrument or book/page reference requested |
| Legal description | The property description from the deed and any referenced exhibit |
| Return address | Where the recorded document should be returned |
These fields appear in the Los Angeles joint-tenant affidavit. Do not substitute a street address for the requested legal description or leave out an exhibit referenced by the affidavit.
Follow the chosen form's signature and notarial requirements. The Sacramento law-library instructions direct the signer to sign before a notary and include any attached legal description. Use the recorder's current fee schedule rather than older sample-form fee notes.
Check for additional forms. Los Angeles requires the completed affidavit, a certified death certificate, and a Preliminary Change of Ownership Report (PCOR) for this submission. Los Angeles recording instructions If you need the certificate, see ordering California death certificates.
4. Record it and retain the returned document
Confirm the recorder's submission route, accepted payment, applicable fees, and return instructions before sending the packet. For example, San Diego provides separate in-person and mail recording instructions and links its current fees. San Diego recorder guidance
Keep a copy of the submitted packet. When the recorded document is returned, note its recording date and reference number, and store it with the deed records. If the recorder rejects the packet, preserve the rejection notice and address the stated issue rather than repeatedly sending the same package.
5. Follow up with the assessor separately
The PCOR and the death-of-owner statement BOE-502-D are separately listed documents in the county's process. Ask the assessor which reports and any exclusion claims remain outstanding. San Diego's assessor checklist
Use our BOE-502-D guide for the probate versus nonprobate timing distinction and county filing route. Recording an affidavit does not establish that property-tax treatment, mortgage servicing, or a disputed ownership question has been resolved.
For the complete decision map, compare California property-transfer routes after death, including trust title, spousal petitions, DE-310, and formal probate.
Estate Desk helps families organize estate administration. This guide is general information, not legal advice.
Primary sources
- https://www.lavote.gov/home/recorder/property-document-recording/forms/affidavit-of-death-of-joint-tenant-trustee
- https://www.lavote.gov/docs/rrcc/documents/affidavit-of-death-of-joint-tenant.pdf
- https://saclaw.org/resource_library/affidavit-of-death-of-joint-tenant/
- https://saclaw.org/wp-content/uploads/2023/04/form-affidavit-death-of-joint-tenant-instructions.pdf
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=210.
- https://www.sdarcc.gov/content/arcc/home/services/navigating-loss.html