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Joint tenants with the right of survivorship are two or more people who own an equal interest in a property. When one person dies their interest passes automatically to the surviving joint tenant(s). In contrast, tenants in common can own unequal shares in a property and have no right of survivorship.
Affidavit-death forms are used to change the title on rea​l property after the death of a joint tenant, trustee or trustor. Information and forms are available from the Sacramento County Public Law Library. Blank forms may also be available at office supply stores.
When a trustee dies, the successor trustee of the trust takes over. If there is no named successor trustee, the involved parties can turn to the courts to appoint a successor trustee. If the deceased Trustee had co-trustees, the joint trustees take over the trust without involving the courts.
An affidavit of death of trustee is used specifically to perfect title in the name of a new trustee (the successor trustee) when real property is held by a trustee of a trust and the trustee dies (the deceased trustee).
So when a property is owned jointly, and it is a tenancy-in-common arrangement, in such a case a co owner dies, his or her share of property DOES NOT go to the co owners automatically. The share of the property is transferred to the legal heirs of the deceased co owner.
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The Trustee should include the following information in the notification package: The name of the Grantor and the date that the trust instrument execution date. Contact information for each Trustee, including name, address, county of residence, and phone number. Certified copy of the death certificate of the Grantor.
There are 3 effective ways to revoke this deed: File and record a Revocation of Revocable Transfer on Death Deed form. Record a new transfer on death deed naming a different beneficiary. Sell or transfer the real property to someone else prior to the real property owners death.
HOW DO I RECORD AN AFFIDAVIT? Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorders office in the county where the real property is located. The recorders office also requires a Preliminary Change of Ownership Report (PCOR) when filing the affidavit.
A docHubd affidavit which must include: A statement that you are the surviving tenant. A legal description of the property affected by the death. A statement that the person on the death certificate is the same person as the deceased joint tenant.
This article, based on California law, dis- cusses several joint tenancy traps for the unwary. The most widely known aspect of joint tenancy is the right of survivorship. This means that when one co-owner dies, his or her interest in an asset held in joint tenancy passes to the surviving co-owner without probate.

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