How to Fill Out an Affidavit of Death of Joint Tenant in CA

To fill out an Affidavit of Death of Joint Tenant in California, enter the deceased co-owner’s full legal name and date of death, copy the property’s legal description word-for-word from the original deed, list the surviving joint tenants, and reference the recording information of the deed that created the joint tenancy. Every surviving joint tenant then signs before a notary, and the affidavit is recorded with the county recorder in the county where the property sits, together with a certified death certificate and a Preliminary Change of Ownership Report. Joint tenancy carries an automatic right of survivorship, so the surviving owners already hold the entire property by operation of law. The affidavit simply puts that fact on the public record. No probate is required, but until the affidavit is recorded, the deceased person’s name stays on title and the property is nearly impossible to sell or refinance.

What to Gather Before You Start

Have every piece of information and every document in front of you before you touch the form. Missing one item means a rejected filing, and the county won’t refund the recording fee for a deficient submission.

A certified copy of the death certificate issued by the California Department of Public Health or the local county registrar. A photocopy or an informational copy won’t be accepted. As of January 1, 2026, a certified copy costs $26. Order a few extras if banks or insurers will also need them.¹
The original deed that created the joint tenancy. You need the exact legal description of the property and the exact names as they appear on that deed. If you don’t have a copy, request one from the county recorder’s office where the deed was recorded.
The Assessor’s Parcel Number (APN). It appears on the property tax bill, on the original deed, or on the county assessor’s website.
The decedent’s full legal name and date of death, matching the death certificate exactly.
The full legal names of every surviving joint tenant who will sign.

Where to Get the Form

Most California county recorders publish a courtesy version of the affidavit on their websites or hand out printed copies at the service counter.² County law libraries also keep them on hand. The forms look slightly different from county to county, but each must satisfy California Probate Code Section 210, which requires the affidavit to include a particular description of the real property and an attached certified copy of the death record.³ Use the form from the county where the property is located to avoid formatting problems at the recorder’s window.

Completing Each Section of the Affidavit

The form itself is short, but small errors cause rejections. County recorders are strict about what they’ll accept.

Decedent’s Information

Enter the deceased joint tenant’s full legal name exactly as it appears on the deed that created the joint tenancy, along with the date of death. If the name on the deed differs from the name on the death certificate (a maiden name versus a married name, for example), state that the person identified in the death certificate is the same person named on the deed. Most forms include a specific declaration for this purpose.⁴

Legal Description and APN

Copy the legal description of the property word-for-word from the original deed. This is not the street address. It is the formal description using lot numbers, tract names, or metes and bounds that identifies the parcel in county records. Even a minor discrepancy between the legal description on the affidavit and the one on the deed can prompt the recorder to reject the document or create a cloud on title that requires additional work to clear later. Add the APN where the form indicates.⁴

Surviving Joint Tenants

Identify every surviving joint tenant named on the original deed. The form typically contains a declaration that the property was held in joint tenancy and that the decedent’s interest passed to the surviving tenants by right of survivorship.

Reference to the Original Deed

Fill in the recording information from the original deed: the instrument number (or book and page numbers) and the date it was recorded. This lets the recorder connect the affidavit to the correct deed in the chain of title.

Notarizing the Affidavit

Every surviving joint tenant who signs the affidavit must do so before a notary public. The notary verifies each signer’s identity using a current government-issued photo ID and confirms the signature is voluntary.⁵ California caps notary fees at $15 per signature for an acknowledgment, so this step is inexpensive. Banks, shipping stores, and mobile notaries all offer the service. Get the affidavit notarized before heading to the recorder’s office.

Recording the Affidavit

Bring three items to the county recorder’s office in the county where the property sits:

The notarized affidavit.
The certified death certificate, attached to the affidavit.
A Preliminary Change of Ownership Report (PCOR).

The PCOR is a separate form that tells the county assessor about the change in ownership so the assessor can evaluate whether the property should be reassessed. Pick one up at the recorder’s office or download it from the county assessor’s website. If you skip the PCOR, the recorder can add a $20 penalty fee.⁶ Filing the PCOR does not by itself cause a reassessment; it just gives the assessor the information needed to decide whether an exclusion applies.⁷

Most counties accept filings in person or by mail. If you mail the package, include a self-addressed stamped envelope so the recorder can return the conformed (stamped) copy. Once recorded, the document becomes a public record and the title reflects the surviving joint tenants as the sole owners.

What It Costs

Budget for the following:

Recording fee. California’s base fee is $10 for the first page and $3 for each additional page, though counties add authorized surcharges. In Los Angeles County, for example, the first-page total comes to $15.⁸⁹
Building Homes and Jobs Act fee. A $75 fee applies statewide to most recorded real estate documents under Government Code Section 27388.1. An exemption exists for the transfer of a residential dwelling to an owner-occupier, which may apply if you already live in the property. Ask the recorder’s office whether you qualify.¹⁰
Certified death certificate: $26 per copy.¹
Notarization: up to $15 per signature.
PCOR penalty of $20 if the PCOR isn’t filed with the affidavit.⁶

For a typical two-page affidavit with one signer, expect roughly $120 to $140 all in, assuming you already have the death certificate and the $75 SB2 fee applies.

No Deadline, but Don’t Wait

California law does not set a deadline for recording the affidavit. You can technically file years after the death. But title companies won’t insure a sale or a refinance when a deceased person still appears on title, so delaying effectively freezes what you can do with the property.

Reassessment Exclusions to Know About

When ownership of California real property changes, the county assessor can reassess the property at current market value, which often means a large tax increase. Two exclusions matter most to surviving joint tenants.

Spouses and Registered Domestic Partners

If the deceased joint tenant was your spouse, the transfer is automatically excluded from reassessment. No separate claim is required. The same automatic exclusion covers registered domestic partners for transfers occurring on or after January 1, 2006.¹¹

Cotenant Exclusion for a Principal Residence

If the deceased was not your spouse or domestic partner, you can still avoid reassessment on a principal residence, but every one of these conditions must be met:

You and the deceased together owned 100 percent of the property.
Both of you were on title for at least one year before the death.
The property was the principal residence of both of you for at least one year before the death.
You receive 100 percent ownership as a result of the death.
You sign an affidavit confirming you lived in the property continuously for the year preceding the death.

The cotenant exclusion requires a claim filed with the county assessor. It is not automatic.¹¹ If you miss the filing or don’t meet one of the conditions, your property taxes could jump substantially.

When the Affidavit Isn’t the Right Tool

The affidavit only works when a valid joint tenancy existed at the time of death. A joint tenancy can be severed during someone’s lifetime. If any joint tenant transferred their interest to a third party, converted their share to a tenancy in common, or took other legal steps that destroyed the right of survivorship, the affidavit won’t accomplish anything useful. Before recording, confirm the most recent deed on record still shows the property held in joint tenancy. If there’s any question about whether the joint tenancy was intact, an hour with a real estate attorney can save you from a more expensive title problem later.

Separately, if the deceased joint tenant received Medi-Cal benefits, recording the affidavit could expose the property to a state estate recovery claim, because California uses the broader federal definition of estate that reaches property passing by joint tenancy. Certain exemptions apply, including protections for a surviving spouse and for minor, blind, or disabled children.¹² If Medi-Cal was involved, talk with an attorney before recording.

1
California Department of Public Health. Vital Records Fees
2
Los Angeles County RR/CC. Affidavit of Death of Joint Tenant/Trustee
3
California Legislative Information. California Code Probate Code 210
4
San Diego County Recorder/Clerk. Affidavit of Death of Joint Tenant
5
California Secretary of State. Notary Public Handbook
6
California Legislative Information. California Code Revenue and Taxation Code RTC 480.3
7
Los Angeles County Assessor. Joint Tenancy
8
California Legislative Information. California Code Government Code GOV 27361
9
LAVote.gov. Recording Fee Bulletin
10
San Mateo County Assessor-County Clerk-Recorder. SB2 Advisory
11
California State Board of Equalization. Frequently Asked Questions Change in Ownership
12
U.S. Department of Health and Human Services – ASPE. Medicaid Estate Recovery