How to Remove a Deceased Spouse From a Grant Deed
Married couples have the legal right to survivorship in the event that one spouse dies. The surviving spouse may receive one-half of the couple's community property without probate. According to Central DBA, a California-based legal publications company, the surviving spouse must file an Affidavit of Death of Joint Tenant to remove the deceased spouse's name from the Land Records at the County Recorder's Office.
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Instructions
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Obtain a certified copy of the spouse's death certificate and an Affidavit of Death of Joint Tenant. The attending funeral home will provide the death certificate. Collect the necessary affidavit from the court house in the county where the community property is situated. If, for some reason, you cannot obtain a death certificate from the funeral home, you may apply for one through Vital Records, which you can access online and search for Vital Records offices in your state. (See Resources 1)
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Fill out all information listed on the Affidavit of Death of Joint Tenant. Since your signature must be notarized, bring a photo ID with you to the notary's office. According to the Affidavit of Death of Joint Tenant form supplied by the Superior Court of California, you must attest that you are over 18 years old. You must also swear that the person who is named on the death certificate is the same person named on the deed and that you and the deceased were joint tenants.
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Notarize all signatures. County courts usually provide notary services. If such service is not available, banks provide notary services for a small fee.
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Record the Affidavit of Death of Joint Tenant. Bring the death certificate of the deceased spouse to the recorder's office located in the same county as the real property.
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Tips & Warnings
Consult with your county court for directions specific to your state.
