Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
This Affidavit of Death of Joint Tenant is recorded under Cal. Prob. Code § 210 to establish, of record, that a joint tenant has died and that the deceased joint tenant's interest terminated and full title vested in the surviving joint tenant(s) by right of survivorship. Nothing "passes" from the decedent by this Affidavit — the survivor takes by operation of the instrument that created the joint tenancy (Civ. Code § 683). The Affidavit must include a particular description of the real property and an attested or certified copy of the death record (Prob. Code § 210). Many California title companies will also want the survivor to record a confirmatory grant deed. Consult a California attorney and obtain title insurance.

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Death of Joint Tenant — Cal. Prob. Code § 210)

State of California

RECORDING INFORMATION

Recording Requested By:
[________________________________]

When Recorded Mail This Affidavit To:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Prepared By:

Name: [________________________________]
Address: [________________________________]
State Bar No. (if attorney): [________________________________]

SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
(California recorders require a blank margin at the top of the first page — typically 2.5" — for the recording label. Confirm first-page format with the county recorder under Cal. Gov. Code § 27361.)

DOCUMENTARY TRANSFER TAX DECLARATION

Documentary Transfer Tax: $0.00 — NONE DUE.

This Affidavit evidences a transfer that occurs by right of survivorship upon the death of a joint tenant and is not a sale or change of ownership for value. It is exempt from documentary transfer tax (Cal. Rev. & Tax. Code § 11930; no consideration paid). State exemption reason on the face of the document:

"This conveyance confirms title in the surviving joint tenant by right of survivorship upon the death of a joint tenant; no consideration was paid. Exempt — R&T Code § 11930."

Assessor's Parcel Number (APN): [________________________________]

AFFIDAVIT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

State of California

County of [________________________________]

[AFFIANT FULL LEGAL NAME] ("Affiant"), of lawful age, being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California:

1. Affiant

I am over the age of 18 years, am competent to make this Affidavit, and make it upon my own personal knowledge of the facts stated herein. I am the surviving joint tenant named in the vesting deed described below (or a person having knowledge of the facts under Cal. Prob. Code § 210).

2. The Decedent

[DECEDENT FULL LEGAL NAME], the Decedent named in the attached certified copy of the death record, is the same person as [NAME AS IT APPEARS ON THE VESTING DEED], named as a grantee/joint tenant in the vesting deed described below. The Decedent died on [__/__/____] at [CITY, COUNTY, STATE].

3. The Vesting Deed

By [TYPE OF DEED], dated [__/__/____], the Decedent and the Affiant (and any other surviving joint tenant named below) acquired and held title to the real property described in Exhibit A as:

☐ Joint tenants (with right of survivorship) (Cal. Civ. Code § 683)
☐ Husband and wife / spouses, as joint tenants
☐ ____________________________________________

said vesting deed having been recorded on [__/__/____] as Instrument No. [____] (or in Book [____], Page [____]), Official Records of [COUNTY] County, California.

4. The Property

The real property affected by this Affidavit is situated in the City of [CITY], County of [COUNTY], State of California, and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

Assessor's Parcel Number (APN): [________________________________]

5. Affiant Is the Surviving Joint Tenant

The Affiant is the surviving joint tenant and is the same person named as a grantee in the vesting deed described in Paragraph 3.

6. Survivorship Vesting

Upon the death of the Decedent, by operation of the right of survivorship under Cal. Civ. Code § 683, the interest of the Decedent in the Property terminated. Nothing passed by will, descent, or probate; the Decedent's interest is not part of the Decedent's estate. Full title to the Property is vested in the surviving owner(s):

7. No Severance

The joint tenancy was not severed, terminated, or destroyed during the joint lives of the Decedent and the Affiant by deed, written declaration, or other instrument executed and recorded as provided in Cal. Civ. Code § 683.2, or otherwise, and remained in full force and effect at the time of the Decedent's death.

8. Estate / Inheritance Tax and Liens

☐ California imposes no state estate tax and no state inheritance tax; no California death-tax lien, waiver, or clearance is required for this transfer.
☐ All federal estate tax (if any) due by reason of the Decedent's death has been or will be paid, and no federal estate tax lien encumbers the Property.
☐ To Affiant's knowledge, the Property is free of liens and encumbrances arising from the Decedent's death, except: [________________________________]

STATUTORY BASIS AND REQUEST TO RECORD

9. Statutory Basis. This Affidavit is made pursuant to Cal. Prob. Code § 210 and Cal. Civ. Code § 683.

10. Purpose; Request to Record. This Affidavit is made to establish of record the death of the Decedent and the termination of the Decedent's joint-tenancy interest, and to confirm full title in the surviving owner(s). Affiant requests that this Affidavit, with the attested or certified copy of the death record attached, be recorded in the Office of the Recorder of [COUNTY] County, California, to clear title to the Property (Prob. Code § 210).

11. Reliance. This Affidavit is made with full knowledge that title insurers, the County Recorder, the County Assessor, prospective purchasers, lenders, and other interested parties will rely upon the statements made herein.

VERIFICATION AND JURAT

I certify (or declare) under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____], at [CITY], California.

____________________________________
Signature of Affiant

[AFFIANT FULL LEGAL NAME]

JURAT (Cal. Code Civ. Proc. § 2015.6; Civ. Code § 1189)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of [________________________________]

Subscribed and sworn to (or affirmed) before me on this [__/__/____] by [________________________________], proved to me on the basis of satisfactory evidence to be the person who appeared before me.

WITNESS my hand and official seal.

Signature ____________________________________ (Seal)

EXHIBIT A — LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], California [ZIP]

Assessor's Parcel Number (APN): [________________________________]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING DEED, PRELIMINARY TITLE REPORT, OR RECORD OF SURVEY]

Example formats:

• Lot ___, of Tract No. ___, in the City of [CITY], County of [COUNTY], State of California, as per map recorded in Book ___, Page(s) ___, of Maps, in the Office of the County Recorder of said County.
• [METES AND BOUNDS DESCRIPTION]

Source of Title (Vesting Deed): Instrument No. [____] (or Book [____], Page [____]), Official Records of [COUNTY] County, California.

ATTACHMENT

CERTIFIED DEATH RECORD ATTACHED (Cal. Prob. Code § 210). An attested or certified copy of the Decedent's death record (death certificate), made and filed in a designated public office as required by law, is attached to this Affidavit and recorded together herewith.

☐ Attested/certified copy of the death record attached and recorded herewith

CALIFORNIA RECORDING REQUIREMENTS

Filing

• Filing Office: County Recorder, [COUNTY] County, California
• Recording Fees: Set by Cal. Gov. Code § 27361 and county schedule; an SB 2 (Building Homes and Jobs Act) fee may apply per title unless an exemption is claimed. Confirm current fees with the recorder.
• Documentary Transfer Tax: None due (R&T Code § 11930; survivorship transfer for no consideration). State the exemption on the face of the document.

Change in Ownership / Preliminary Change of Ownership Report

A death of a real property owner is a change in ownership that must be reported to the County Assessor. File a Change in Ownership Statement — Death of Real Property Owner (BOE-502-D) with the Assessor within 150 days of the date of death (Rev. & Tax. Code § 480(b)). A Preliminary Change of Ownership Report (PCOR, BOE-502-A) should accompany this Affidavit at recording (Rev. & Tax. Code § 480.3); if not submitted, the recorder may charge an additional fee.

Proposition 19 Reassessment Note

Proposition 19 (Cal. Const. art. XIII A, § 2.1). A transfer between spouses/registered domestic partners is generally excluded from reassessment. A transfer between parent and child (or grandparent and grandchild) is excluded only under the narrowed Prop 19 rules — generally limited to a family home or family farm that the transferee uses as a principal residence, subject to a value cap, and a timely claim for exclusion (e.g., BOE-19-P) must be filed with the Assessor. Where the surviving joint tenant is not a spouse/RDP, the decedent's share will generally be reassessed to current market value as of the date of death. Consult the County Assessor and a California attorney.

Document Format

☐ First-page top margin reserved for recorder (typically 2.5"); other margins ≥ 0.5"
☐ Minimum 8-point font; white paper, 8.5" × 11"
☐ APN stated on the Affidavit
☐ Documentary transfer tax declaration / exemption stated on the face
☐ Civil Code § 1189 boxed disclaimer on the jurat certificate
☐ Certified copy of the death record attached
☐ Return-address (mail-to) block completed

TITLE INSURANCE NOTICE

IMPORTANT: Title companies often look for a recorded confirmatory grant deed from the surviving joint tenant(s) (in addition to this Affidavit) when examining title before a sale or refinance. Affiant is strongly advised to obtain an owner's policy of title insurance and to consult a California attorney about recording a confirmatory deed.

☐ Affiant acknowledges receipt of this recommendation

SOURCES AND REFERENCES

• Cal. Prob. Code § 210 (affidavit of death affecting title; certified death record) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=210.
• Cal. Civ. Code § 683 (joint tenancy) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=683.
• Cal. Civ. Code § 683.2 (severance of joint tenancy)
• Cal. Civ. Code § 1189 (notary disclaimer); Code Civ. Proc. § 2015.6 (jurat)
• Cal. Rev. & Tax. Code § 480 / § 480.3 (Change in Ownership Statement; PCOR)
• Cal. Rev. & Tax. Code § 11930 (documentary transfer tax exemption)
• Cal. Const. art. XIII A, § 2.1 (Proposition 19)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed California attorney before using this form.

Last Updated: 2026-06-14