The Affidavit of Death of Joint Tenant is the sworn statement a surviving joint tenant signs so that a co-owner's death can be recorded against real property in California. The Los Angeles County Registrar-Recorder/County Clerk (RR/CC) publishes the PDF with its property document recording forms. It is used when title is held as joint tenants and one of the owners has died. On FillingPDF you can fill out the form online and download or print the completed PDF; the affidavit itself is presented to the RR/CC at the time of recording.
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What is Affidavit of Death of Joint Tenant – Los Angeles County, CA?
The Affidavit – Death of Joint Tenant is a sworn statement, made before a notary, that identifies a deceased person as one of the joint tenants named in a recorded document and describes the real property that document covers. It is presented to the Los Angeles County Registrar-Recorder/County Clerk (RR/CC) for recording.
The affidavit is built around the decedent's certified Certificate of Death, which is attached. It states that the decedent is the same person as a named party in a recorded instrument (such as a deed), and it identifies that instrument by type, date, the parties, instrument number, recording date, Book/Reel and Page/Image, and the county of the Official Records. It also gives a description of the property and states that the value of all real and personal property the decedent owned at the date of death, including that property, did not exceed a sum written on the form.
The top of the page holds the "Recording Requested By" and "When recorded mail document to" block, with an area reserved for the Recorder's use. The bottom holds the notary's jurat, which states that the notary verifies only the identity of the signer, not the truthfulness, accuracy or validity of the document.
The RR/CC lists this affidavit on a page titled Affidavit of Death of Joint Tenant/Trustee. The page explains that when parties hold title as joint tenants and one is deceased, the survivor may file the affidavit.
Who needs to file Affidavit of Death of Joint Tenant – Los Angeles County, CA?
The survivor of a joint tenancy uses this affidavit. The RR/CC states that if parties hold title as joint tenants and one of them has died, the surviving joint tenant may file an Affidavit of Death of Joint Tenant. The form is completed by an affiant "of legal age" who swears to the statements in it.
It applies only where the deceased person is named as a joint tenant in a recorded document covering real property in California. The form asks you to identify that document, so you need its recording details before you start.
The RR/CC also notes that it may be advisable to consult an attorney, because recording this affidavit involves the legal aspects of a change in ownership of real property. The form itself does not say who else may sign for the survivor.
The RR/CC page covers a related use, Death of Beneficiary under Deed of Trust, in which case the Preliminary Change of Ownership Report is not needed. This printed form, however, is worded for a joint tenant's death.
When to file Affidavit of Death of Joint Tenant – Los Angeles County, CA
The affidavit is used once a joint tenant has died and the survivor wants that death recorded against the property. The RR/CC instructions say to present it at the time of recording, together with a certified copy of the death certificate and a Preliminary Change of Ownership Report. The form and the RR/CC page set no deadline of their own. Because the affidavit must be sworn before a notary and the Certificate of Death must be certified, have both ready before you go to record.
Documents you need
- A certified copy of the Certificate of Death of the decedent, attached to the affidavit and presented at the time of recording.
- A Preliminary Change of Ownership Report, presented at recording; it is not needed for Death of Beneficiary under Deed of Trust.
- The recording details of the original document naming the joint tenants (type of document, date, parties, Instrument No., recording date, Book/Reel, Page/Image and county), which the form asks you to write in.
How to fill out Affidavit of Death of Joint Tenant – Los Angeles County, CA
Complete the recording request block
At the top, fill in "Recording Requested By" and the "When recorded mail document to" block with name, address, city, and state and ZIP. Leave the space marked "Above Space for Recorder's Use Only" blank.
Enter the state and county
In the venue line under "State of California", write the county where the affidavit is sworn before the notary.
Name the affiant
On the first blank of the sworn statement, write the full name of the person making the affidavit, who must be of legal age.
Identify the decedent
Write the decedent's name as it appears on the attached certified Certificate of Death, then the name under which the decedent appears as a party in the recorded document.
Describe the recorded document
Enter the type of document and its date, who executed it and to whom, as joint tenants.
Enter the recording information
Fill in the Instrument No., the recording date, Book/Reel, Page/Image and the county of the Official Records.
Describe the property
Write the description of the property covered by the document, situated in the same county in California.
State the value of the estate
Write the sum that the value of all real and personal property owned by the decedent at date of death, including the described property, did not exceed.
Date and sign the affidavit
Enter the date and sign on the line provided, as the form directs, for the sworn statement.
Have the notary complete the jurat
The notary fills in the county, the day, month and year, and the name of the person who appeared, then signs and seals the certificate.
Review, download and assemble
Check names and recording details against the death certificate and the recorded document. Download or print the completed PDF from FillingPDF and assemble the package described under How to submit.
How to submit Affidavit of Death of Joint Tenant – Los Angeles County, CA
The RR/CC instructions describe a single channel: the affidavit is presented at the time of recording, with its attachments, to the Los Angeles County Registrar-Recorder/County Clerk.
- What to present: the completed affidavit, a certified copy of the death certificate and a Preliminary Change of Ownership Report. The report is not needed for Death of Beneficiary under Deed of Trust.
- Where to get the Preliminary Change of Ownership Report: it is available at RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, and at the County Assessor's offices.
- Return address: fill in the "When recorded mail document to" block at the top of the form with the name and address where the recorded document should be sent.
The form names no mailing address, portal or fee. Contact the RR/CC for fees and office hours. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Presenting the affidavit without a certified copy of the death certificate; the RR/CC instructions require one at the time of recording.
- Leaving out the Preliminary Change of Ownership Report, which is required at recording except for Death of Beneficiary under Deed of Trust.
- Submitting the affidavit without the notary completing the jurat at the bottom of the form.
- Leaving the recorded instrument details blank (Instrument No., recording date, Book/Reel, Page/Image or county).
- Omitting the property description or the statement of the value of the decedent's property at date of death.
- Leaving the "When recorded mail document to" block empty, so the recorded document has no return address.
- Writing a name for the decedent that differs from the name on the attached Certificate of Death without stating they are the same person.
Frequently asked questions
What is an Affidavit of Death of Joint Tenant?
It is a sworn statement, made before a notary, that a deceased person named in a recorded document as a joint tenant is the same person as the decedent in the attached death certificate. It is presented to the Los Angeles County RR/CC for recording.
Who can file an Affidavit of Death of Joint Tenant in Los Angeles County?
The surviving joint tenant. The RR/CC states that if parties hold title as joint tenants and one is deceased, the survivor may file the affidavit. The RR/CC also says consulting an attorney may be advisable because of the legal aspects of a change in ownership.
What do I need to bring when recording the affidavit?
Present the completed affidavit, a certified copy of the death certificate and a Preliminary Change of Ownership Report at the time of recording. The report is not needed for Death of Beneficiary under Deed of Trust.
Where can I get the Preliminary Change of Ownership Report?
It is available at the RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, and at the County Assessor's offices, according to the RR/CC page for this affidavit.
Does the affidavit have to be notarized?
Yes. The form is a sworn statement and ends with a notary certificate stating that it was subscribed and sworn to before the notary. The notary verifies only the signer's identity, not the truthfulness or validity of the document.
What information from the original deed do I need?
The form asks for the type and date of the recorded document, who executed it and to whom, the Instrument No., recording date, Book/Reel, Page/Image, the county of the Official Records and the property description. Collect these before you start.
Can I fill out this affidavit online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or record the affidavit; you present it to the RR/CC yourself.
Is there a deadline to record the affidavit?
Neither the form nor the RR/CC page sets a deadline. The instructions say to present the affidavit, the certified death certificate and the Preliminary Change of Ownership Report at the time of recording.
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