Posted on: 19th Jun, 2013 11:45 pm
My husband passed away and our property is recorded as husband and wife as Community Property with Right of Survivorship.
Recorder's office says that I need to file the Affidavit - Death of Joint Tenant...the form provided on county recorder's website has a clause to fill in the value of real/personal property owned by decedent as of date of death; however, I've seen other forms on real estate/lawyer sites that do not include this clause at all.
Which is correct.....does anyone know...from what I've read a decedent has no value of property upon death that is held as joint tenancy because it is in reality the property of the survivor because of rights of survivorship.
Recorder's office says that I need to file the Affidavit - Death of Joint Tenant...the form provided on county recorder's website has a clause to fill in the value of real/personal property owned by decedent as of date of death; however, I've seen other forms on real estate/lawyer sites that do not include this clause at all.
Which is correct.....does anyone know...from what I've read a decedent has no value of property upon death that is held as joint tenancy because it is in reality the property of the survivor because of rights of survivorship.
Hi jake,
You should fill out the form as given in the county recorder's website. That will be the authentic one and it will be easy for you to get the property transferred in your name.
Thanks,
Jerry
You should fill out the form as given in the county recorder's website. That will be the authentic one and it will be easy for you to get the property transferred in your name.
Thanks,
Jerry
Hi jake,
Jerry is right in saying so. It will be better if you could find the form from the website of the county record's office and fill it up. You might take help from a real estate attorney in this regard.
Jerry is right in saying so. It will be better if you could find the form from the website of the county record's office and fill it up. You might take help from a real estate attorney in this regard.
They probably want to know the value of the house to determine if the estate should be distributed through probate court. Consult with a local probate attorney.
