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

Answers:

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.


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