How to Remove a Deceased Person From a Property Deed

If two people are on the deed, both must sign to sell the house.

Two people who own a home as joint tenants share equal possession of the property. Both of them have to agree if anything will be done with the home --- it can't be sold, refinanced or further leveraged without the signatures of both parties. If one person dies, this joint tenancy becomes a problem. The deceased person retains responsibility, but in no way can carry out his duties. In this case, a termination of joint tenancy must be filed.

Instructions

1. Obtain a certified copy of the death certificate. You can order this from the Clerk and Recorder's office in the county in which the deceased passed away.

2. Fill out a Termination of Joint Tenancy or Death of Joint Tenant form. You can request this from the Clerk and Recorder's office in the county in which you live or you can purchase a generic form from a store that supplies legal forms. The details such as the legal description of the property can be found on the original Warranty Deed.

3. Sign the form in front of a notary. She will fill out a portion of the form and stamp it.

4. Ask an employee in the Clerk and Recorder's office whether you'll need a Preliminary Change of Ownership form. If so, pick one up from the County Assessor's office and fill it out.

5. Bring your completed documents to the Clerk and Recorder's office and file them. A fee will be charged for each page to be recorded. Once the documents are filed, the living tenant will have full rights to the property.

References

• County of Ventura: Procedure for Termination of Joint Tenancy Upon Death of a Joint Tenant