If I own title to property with my husband and sister, what happens if he dies first?

My husband and I own (50%) in joint tenancy with my sister (50%). If he dies, can I just remove his name with an affidavit of death of joint tenant or will I have to go through probate?

Asked on November 15, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if a property is held in joint tenancy then whomever passes first then the remaining parties inherit the balance of the property of the person passing. From what you have written, an affidavit of surviving joint tenant with a certified copy of the death certificate gest recorded in the county where the property is located.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.