Navigating the transfer of property after a person’s death involves specific legal steps that depend largely on how the property title was originally held. This process ensures that ownership is legally updated and that the rights of heirs or surviving owners are protected. Below is a breakdown of the necessary procedures based on common ownership structures.
Preliminary Step: Review Trust Documents
Before proceeding with any filings, you must confirm whether the deceased person had a Living Trust. If a Trust exists, the property may already be held in the name of the Trust. In this case, the property is distributed to beneficiaries according to the trust documents rather than through the standard title removal process. However, if no Trust exists, you should proceed based on the ownership type listed on the current deed.
Joint Tenancy or Community Property (Right of Survivorship)
If the property was held as Joint Tenancy with Right of Survivorship or Community Property with Right of Survivorship, the deceased’s share automatically transfers to the surviving owner(s). To formalize this, you must file an Affidavit of Death of Joint Tenant (or Affidavit of Surviving Spouse/Domestic Partner) with the County Recorder’s office where the property is located. You are also required to attach a certified copy of the Death Certificate to the affidavit. While the affidavit updates the record, recording a subsequent Grant Deed listing the surviving owner(s) as the sole owner(s) is often recommended to ensure the title is “clean” for future sales or refinancing.
Tenancy in Common or Single Ownership
If the deceased was the sole owner or owned the property as a Tenant in Common (where shares do not automatically transfer), the property share must pass to heirs or beneficiaries through a legal process. Because there is no “automatic” transfer, Probate Court is typically required. Once the probate process is complete, the court will issue an order for the transfer of ownership, at which point you can record a new deed based on that court order.
Key Factors to Consider
It is important to remember that each California county may have slightly different formatting requirements or local preliminary change of ownership forms (PCOR) that must be submitted alongside your documentation. Always verify local county specifics before filing.
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At Bazikyan Law Group, we provide the expertise needed to secure your ownership. Contact us today for a consultation on updating your California property deed.
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