Administering Joint Tenancy Assets
While use of Joint Tenancy form for holding title to property should result in the avoidance of a probate for that asset in the estate of the deceased Joint Tenant, a surviving Joint Tenant will generally need to take the following steps regarding the joint tenancy property:
- Real Property: To clear title to the real property:
- Record a certified copy of the Descendant’s death certificate with the Auditor/Recorder in every county in which the Descendant owned real property held in joint tenancy form.
- Execute and deliver a Joint Tenancy Affidavit regarding property passing as a result of the Joint Tenancy to every real estate title insurance company that insures title to any real property held by Descendant in Joint Tenancy form: “Lack of Probate” Affidavit — Joint Tenancy, for Title Insurance Company form
- Financial or Securities Account: To remove Descendant’s name from the account:
- Deliver a certified copy of Descendant’s death certificate to the institution.