Last Survivor Retitle Deeds

When you hold title to property with another individual as joint tenants with rights of survivorship, probate isn't necessary to transfer the property to the survivor when one of you dies. It happens automatically, by operation of law, because of the terms of the deed. If you're the survivor and you want to sell the property, however, you'll need clear title. Typically, you must notify the proper county authority that your co-owner has died and that title has vested entirely in you.

The Death Certificate
 The rules for retitling property after the death of a co-owner can vary from state to state. Some jurisdictions only require a copy of the death certificate. You'll typically need a certified copy which you can get from the court -- not one you've run off on a copy machine. When you register it with the county where the property is located, the government makes note that it is now owned solely by you.

Affidavit of Survivorship
In some states, the procedure for retitling a joint ownership deed may require a few extra steps. You may have to file an affidavit or declaration of survivorship, stating under penalty of perjury that your co-owner has died and that you are the other individual named in the deed. You also may have to file a certified copy of the death certificate. The affidavit may require extra information, including a description of the land.

Posted in: Estate Laws