When people hold property as joint tenants, it is not necessary to file probate to transfer title in that property if one of the parties dies. If someone owns property as a joint tenant with right of survivorship with another party, the surviving owner is automatically entitled to the property when the co-owner dies. An interested party can transfer the Decedent’s ownership to the surviving co-owner by merely recording an affidavit confirming the death of the co-owner.
How can you transfer real property in joint tenancy?
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Sandra M. McCarthy, founder of ProbatebyME.com / A People’s Choice has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.