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Affidavit of Death of Joint Tenant, Trustee, or Spouse
Affidavit of Death of Joint Tenant — Used for Joint TenancyJoint tenancy is a form of ownership in which the tenants own a property equally and if one dies, the surviving owner automatically inherits the entire property without probate. If you have one or more joint tenants that has passed away, we can prepare and record an Affidavit of Death of Joint Tenant to remove their name(s) off the Land Records at the County Recorders Office.Example: John and Jane are married and own Black Acre Estates in Joint Tenancy. John has passed away due to illness and Jane is the survivor. Jane may now file an Affidavit of Joint Tenant to remove John's name off the title to the property. She is now 100% owner and may concurrently file a deed transferring the property from Jane to Jane. This is to make sure that there is an actual deed in Jane's name. Contact us at 1-800-550-5490 for assistance in preparing and filing this form. Preparation Cost: Affidavit of Joint Tenant - $85.00 + filing fees / notary fees (approx. $25-$40) |
Affidavit of Death of Trustee — Used for property in a Living TrustA living trust is an estate planning tool that is used to transfer property upon death to their designated beneficiaries without probate. When a trustee passes away, an Affidavit of Death of Trustee is used to remove their name(s) off the Land Records at the County Recorders Office.Example: John and Jane are married and own Black Acre Estates that is held in their living trust. John has passed away due to illness and Jane is the survivor. Jane may now file an Affidavit of Trustee to remove John's name off the title to the property. She is now the sole trustee. When Jane passes, her successor trustees may file another Affidavit of Trustee for Jane in order to remove her name off title. Then, the successor trustee may prepare a deed transferring the property to the beneficiaries listed in the living trust. Contact us at 1-800-550-5490 for assistance in preparing and filing this form. Preparation Cost: Affidavit of Trustee - $85.00 + filing fees / notary fees (approx. $25-$40) If all trustees are deceased the successor trustee may use a Grant Deed to transfer the property from the successor trustee(s) to the beneficiaries. Preparation Cost: Grant Deed Transferring Property to Beneficiaries - $95.00 + filing fees / notary fees (approx. $25-$40) |
Affidavit of Death of Spouse — Used for Community Property with Right of SurvivorshipCommunity property with right of survivorship is a special way for married couples to hold title to property. It allows one spouses half interest in the community property to be passed to the surviving spouse without probate. If your spouse has passed, you may file an Affidavit of Death of Spouse to remove his/her name off the Land Records at the County Recorders Office.Example: John and Jane are married and own Black Acre Estates in Community Property with Right of Survivorship. John has passed away due to illness and Jane is the surviving spouse. Jane may now file an Affidavit of Spouse to remove John's name off the title to the property. She is now 100% owner and may concurrently file a deed transferring the property from Jane to Jane. This is to make sure that there is an actual deed in Jane's name. Contact us at 1-800-550-5490 for assistance in preparing and filing this form. Preparation Cost: Affidavit of Spouse - $85.00 + filing fees / notary fees (approx. $25-$40) |
The examples listed herein are general examples and is not legal advice for a specific situation