Question #1
Question:
Can you tell me how I can find out what an affidavit of death says? My husband died
and I’ve been told I need to file an affidavit of death for our house, but I don’t
know where to get the form.
Answer:
The “affidavit death of joint tenant” form is used to
terminate a joint tenancy when one owner has died. You must attach a certified copy of the
death certificate to the affidavit, and record it with the county recorder in the county
where the property is located.
Basically, the affidavit states that the person named in the death
certificate is the same person as the one named in the property deed. You will need to
include the deed recording date, the deed instrument number and a legal description of the
property in the affidavit. In order for the affidavit to be recorded, you also must sign
it in front of a notary. Once recorded with the death certificate, the affidavit
terminates the joint tenancy and you will then be considered the sole record owner of the
property.
Bear in mind, however, that the affidavit will only work if you and
your husband held the property in joint tenancy. If you held title as tenants in common or
as community property, you need to follow different procedures.
This form can be obtained from any title company, and sometimes at
local stationary stores.
