What Happens to Jointly Owned Property When an Owner Dies?
Choose the state and how the deed reads to see what is recorded when a joint owner dies, who signs it, what attaches and where it goes.
Each state's statute says what, if anything, a surviving owner records to show the death in the land records, and the state pages print that record: 25 jurisdictions name an affidavit or application, 7 record the death certificate itself, 1 ask for a new deed, and 18 name nothing to record. Each state page also prints the record's own sentence on how that state's deeds hold survivorship title.
Each state names its own instrument. The state pages print the name the statute or the recording office uses, who may sign it, the notarial act, what it states and what attaches.
It depends on the state. Where a statute names an affidavit or a certificate, the state page says whether recording it is a condition of the transfer or only puts the death on the record; where the statute names nothing, the page says so.
In the 23 states whose statute names an affidavit the site prepares, the state page links the affidavit of death, laid out for recording to that state's requirements.
A tenancy in common is outside this record, which covers title that passes to a surviving owner. The probate decision tool and the who inherits calculator cover the deceased owner's share.
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Get a complete guide for your specific circumstances.
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreForms for Settling an Estate
Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
Put a joint owner's or a transfer on death deed owner's death on the land records with the affidavit your state's statute names, laid out for recording.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.
Notice to Creditors
Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.
Renunciation of Executor
Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.
Tools for Settling an Estate
Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need and see ordering info for your state.
Do I Need Probate?
Find out if an estate needs probate or qualifies for simplified procedures.
Do I Have to File Tax Returns for Someone Who Died?
Find out which tax returns need to be filed after someone dies and whether tax clearance is required.
How Do I Settle an Estate?
Personalized plan for settling an estate after someone passes away.
What Do I Do When Someone Dies?
A step-by-step checklist for the days, weeks, and months after a death, with state rules noted where they apply.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax, and inheritance tax for an estate.
