By Abigail Neal, Arizona probate attorney
A common way for people to own property is as joint tenants with right of survivorship or community property with right of survivorship. The right of survivorship designation means that the last person who is alive takes title to the entire piece of property. So what happens when one of the tenants dies? The deceased tenant should no longer be on the title of the property. This is the case whether there were multiple joint tenants and one of them died, or when there were only two joint tenants. Whatever the case, action needs to be taken to remove the deceased tenant from the property’s title.
How is a Deceased Joint Tenant Removed?
Luckily, an Arizona probate is not needed to remove a deceased joint tenant with right of survivorship. A deceased joint tenant is removed from title of the property by completing and recording an Affidavit Evidencing Termination of Joint Tenancy. This document must be filed with the county recorder in the county where the real property is located. A certified copy of the deceased person’s death certificate must also be filed with the Affidavit.
Hire Powers & Neal to Prepare the Affidavit
We are Arizona probate attorneys. We can help you remove a deceased joint tenant with right of survivorship from the title of real property and will help you get a copy of the certified death certificate and obtain the deed, and then complete the Affidavit and record it with the appropriate county recorder for $250 + costs. Call us at (480) 699-7992 to get started.
Find out more about Arizona probate law.