Many individuals who are joint owners on a property may have questions about how other joint owners remove their names after one joint owner on a property passes away and whether or not this piece of property needs to go through the probate process. Property does not have to go through probate.
One of the biggest advantages of joint tenancy with the right of survivorship as chosen by people is that it belongs to the surviving owner upon the death of the first person and this passes regardless of the estate plan that the decedent had in place. As soon as the decedent passes away, the surviving joint owner takes over his or her interests. It is still important to have the title cleared however, and ensure that the county is notified of the death so that this can be obtained.
A surviving joint tenant affidavit should be recorded to accomplish this. The affidavit provides the crucial information to remove the decedent’s name and clear the title for any surviving joint owners. This affidavit is technical and needs to include vital information to officially remove the decedent’s name and clear the title.
As a result of this, you should consult directly with an experienced estate planning or estate administration attorney who can walk you through the various steps and help you avoid some of the most common mistakes made in this process. Having the insight provided by an estate planning attorney is very valuable at this stage.
