Form REC320, Affidavit of Death of Joint Tenant with Penalty of Perjury – San Diego County, CA

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Form REC320, Affidavit of Death of Joint Tenant with Penalty of Perjury – San Diego County, CA

Form REC320, the Affidavit of Death of Joint Tenant with Penalty of Perjury, is published by the San Diego County Recorder/County Clerk for recording. Fill it out online on FillingPDF and download or print the completed PDF.
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The Affidavit of Death of Joint Tenant with Penalty of Perjury (Form REC320) is a recording document published by the San Diego County Recorder/County Clerk. In it, a person of legal age swears that the decedent named in an attached certificate of death is the same person named as a joint tenant in a recorded instrument, identifies the property and states the value of the decedent's property at death. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF and the county's recording requirements are published at sdarcc.gov.

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What is REC320?

Form REC320, Affidavit of Death of Joint Tenant with Penalty of Perjury, is the San Diego County Recorder/County Clerk form on which an affiant swears that the decedent in an attached death certificate is the joint tenant named in a recorded instrument.

The one-page form is laid out as a document to be recorded. It opens with the Recording Requested By and When Recorded Mail To blocks and the Assessor's Parcel Number line, and it keeps a space marked "Above Space for Recorder's Use Only". The body is a sworn statement in the State of California. The affiant gives the decedent's name, says the decedent is the same person named in a certain recorded instrument executed to the parties "as joint tenants", and identifies that instrument by type, date, parties, Instrument No., recording date, Book and Page, and the county of record. The form also describes the property and states that the value of all real and personal property the decedent owned at the date of death, including the full value of the described property, did not then exceed a sum written on the form.

The affiant signs, then certifies under penalty of perjury under the laws of the State of California that the statements are true and correct, with a date and signature. The printed footer reads REC320, Rev: 06/30/2025. The Recorder/County Clerk lists it among its recording courtesy forms; the county's recording page explains the fees, taxes and format rules that apply to any document presented for recording.

Who needs to file REC320?

The form is for the person who prepares a sworn statement about the death of a joint tenant in real property so that the statement can be recorded with the San Diego Recorder/County Clerk. The affiant must be "of legal age", as the form states, and signs under penalty of perjury.

Conditions that come from the form and the county's recording page:

  • The form refers to a recorded instrument that names the decedent as one of the joint tenants, so you need that instrument's recording details.
  • It refers to an attached certificate copy of the Certificate of Death for the same person.
  • The property must be located in San Diego County, a general requirement the Recorder sets for every document it records.
  • The document must be authorized or required by law to be recorded; the Recorder reviews documents against federal and state government codes.

Do not use this form to record a document at the Kearny Mesa office, which does not offer recording. The form does not say who may sign for someone else, so ask the Recorder's staff at (619) 238-8158 about a representative signing.

When to file REC320

You complete the affidavit after the joint tenant has died, when you are ready to present it for recording: it refers to the decedent's Certificate of Death and to the value of the decedent's property "at date of death". The form prints no due date, and the county's recording page sets no deadline for this form.

Recording is done when you present the original signed document with the fees. At the Recorder's offices in downtown San Diego, Chula Vista, Santee and San Marcos, appointments are not required. By mail, the original must be sent with a check or money order. All applicable fees must be paid at the time of recording, so have the payment ready when you present or mail the document.

Documents you need

  • A copy of the decedent's Certificate of Death, attached to the affidavit: the form refers to it as the "attached certificate copy of Certificate of Death" and identifies the decedent from it.
  • The recording details of the instrument that names the decedent as a joint tenant (type of instrument, date, parties, Instrument No., recording date, Book and Page, county), needed to complete the form's description of that instrument.

How to fill out REC320

  1. Complete the recording request blocks

    Under Recording Requested By and When Recorded Mail To, enter the Name, Address, City and State, Zip where the Recorder should return the document after recording.

  2. Enter the Assessor's Parcel Number

    Write the property's Assessor's Parcel Number in the line under the title. Online APN searches are no longer available; they remain at the county's in-person kiosks.

  3. Fill in the State and County

    In the venue line, "State of California, County of", enter the county where the affidavit is sworn.

  4. Name the affiant and the decedent

    Enter the affiant's name in the blank before "of legal age, being first duly sworn", then the decedent's name where the form says "the decedent mentioned in the attached certificate copy of Certificate of Death".

  5. Identify the instrument naming the joint tenants

    Enter the name of the person as named in the instrument, the type of instrument and its date, and the parties it was executed by and to, "as joint tenants".

  6. Enter the recording details

    Fill in the Instrument No., the recording date, the Book and Page, and the county whose records hold it, exactly as they appear on the recorded instrument.

  7. Describe the property

    Enter the legal description of the property covered by that instrument, which the form says is situated in the said County, State of California.

  8. State the value of the decedent's property

    Write the sum on the line after "did not then exceed the sum of $". It covers all real and personal property the decedent owned at the date of death, including the full value of the described property.

  9. Sign the affidavit and the declaration

    The affiant signs on the first Signature line, then dates and signs below the declaration made under penalty of perjury under the laws of the State of California.

  10. Attach the Certificate of Death copy

    Attach the certificate copy of the decedent's Certificate of Death that the affidavit refers to.

  11. Review and download the completed PDF

    Check names, numbers, the property description and the value against your records. Download or print the completed PDF from FillingPDF on white 8½" by 11" paper, sign it in ink and submit it through the channels under How to submit.

How to submit REC320

The San Diego Recorder/County Clerk takes the original affidavit in person at its offices or by mail.

  • In person: record at the downtown San Diego, Chula Vista, Santee or San Marcos office. Appointments are not required. This service is not available at the Kearny Mesa office.
  • By mail, overnight or express: San Diego Recorder/County Clerk, 590 3rd Avenue, Suite 204, Chula Vista, CA 91910.
  • By mail, standard U.S. Mail: San Diego Recorder/County Clerk, P.O. Box 121750, San Diego, CA 92112-1750.

When mailing, send the original document with a check or money order. All applicable fees must be paid at the time of recording. Fees are payable by cash, credit/debit card (in person only), check or money order made payable to San Diego Recorder/County Clerk; card payments carry a surcharge. Amounts are in the county's fee schedule, not on this page.

Complete the Recording Requested By and When Recorded Mail To blocks so the Recorder knows where to return the document. The county advises original signatures, white paper, black ink and clear print. Questions go to the Recorder's staff at (619) 238-8158 (se habla español). FillingPDF lets you fill out and download the PDF; submission follows the channels above.

Common mistakes to avoid

  • Writing in the space marked "Above Space for Recorder's Use Only"; the county reserves the top 2½ inches of the first page for recording information.
  • Mailing a photocopy instead of the original; the Recorder requires original signatures unless the document is a certified copy issued by the custodian of the record.
  • Mailing the document without a check or money order, or making it payable to anyone other than San Diego Recorder/County Clerk.
  • Sending standard U.S. Mail to the Chula Vista street address, or overnight and express mail to the P.O. Box; each has its own address.
  • Going to the Kearny Mesa office to record; recording is not available there.
  • Leaving out the attached copy of the Certificate of Death that the affidavit refers to.
  • Skipping the Recording Requested By and When Recorded Mail To blocks, which tell the Recorder where to return the document.
  • Printing on paper that is not exactly 8½" by 11"; any other sheet adds a per-page charge to the recording fee.
  • Using colored paper, light ink or unclear print, or a signature that cannot be read; the document must produce a readable photographic record.

Frequently asked questions

What is Form REC320, Affidavit of Death of Joint Tenant?

Form REC320 is the San Diego County Recorder/County Clerk's affidavit in which a person of legal age swears, under penalty of perjury, that the decedent named in an attached certificate of death is the joint tenant named in a recorded instrument, and states the value of the decedent's property at death.

Can I fill out the REC320 affidavit online?

You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not record or file the affidavit; you take or mail the signed original to the San Diego Recorder/County Clerk yourself.

Where do I record the affidavit in San Diego County?

In person at the Recorder/County Clerk offices in downtown San Diego, Chula Vista, Santee or San Marcos, where appointments are not required, or by mail. Recording is not available at the Kearny Mesa office.

Where do I mail the affidavit of death of joint tenant?

Send the original with a check or money order. Overnight or express mail goes to San Diego Recorder/County Clerk, 590 3rd Avenue, Suite 204, Chula Vista, CA 91910. Standard U.S. Mail goes to P.O. Box 121750, San Diego, CA 92112-1750.

What do I attach to the REC320 affidavit?

The form refers to an attached certificate copy of the decedent's Certificate of Death. You also need the recorded instrument's details, such as Instrument No., Book and Page, to complete the form; the instrument itself is described on the form rather than attached.

Is there a fee to record the affidavit?

Yes. The Recorder says all applicable fees must be paid at the time of recording, by cash, card (in person only), check or money order payable to San Diego Recorder/County Clerk. Amounts are in the county's fee schedule or from staff at (619) 238-8158.

How do I find the Assessor's Parcel Number for the form?

Since December 9, 2024, California Assembly Bill 1785 has removed APN searches from the county's online Official Record Search. APN searches remain available only at the in-person kiosks at the county's five offices.

Do I need an appointment to record the affidavit?

No. The Recorder's page says appointments are not required to record documents at its downtown San Diego, Chula Vista, Santee and San Marcos offices. Appointments apply to a different service, map recording, not to this affidavit.

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