Do you and your husband (or wife) own a house in joint tenancy and your spouse has passed away? How do you transfer title to just you? Most people will tell you just to record the death certificate. But is that the proper way? How do you record your spouse’s death certificate? Keep reading and find out . . .
Many married couples own their homes as “joint tenants” or “joint tenants with right of survivorship.” That means that if one owner dies, the surviving person is the sole owner. In order to transfer title to real property, you always need to record some sort of document with the County Recorder.
When one of the owners of jointly owned property dies, you need to record a death certificate. This shows that the one owner died. Years ago, you used to have to cross out the social security number on the death certificate. This prevented identity theft. But nowadays the County Recorder automatically makes death certificates private. You have to show that you’re a relative or attorney in order to get a copy of the death certificate.
A more proper way of transferring joint tenancy property is to record an Affidavit of Death. In this, you swear under oath that the one joint tenant has died. The Affidavit also sets out the facts and explains that you are now the sole owner. Even though this is not technically required in Arizona, it’s a good practice. Sometimes there are questions about title. If you have recorded an Affidavit of Death that actually states who owns the property, that can be helpful.
Here’s a sample Affidavit of Death. Even though this is a California form, it would work in Arizona. You will attach a copy of the death certificate to the form.
If you have any questions, feel free to contact us. This information is not legal advice. You should contact an attorney for your particular situation.