Recording affidavit of death of joint tenant or spouse holding community property with right of survivorship creates disputable presumption title vested in survivor; county recorder to send information contained in affidavits monthly to Department of Human Resources.
1. In the case of real property owned by two or more persons as joint tenants or as community property with right of survivorship, it is presumed that all title or interest in and to that real property of each of one or more deceased joint tenants or the deceased spouse has terminated, and vested solely in the surviving joint tenant or spouse or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which the real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the facts required in this subsection, which sets forth the following:
(a) The family relationship, if any, of the affiant to each deceased joint tenant or the deceased spouse;
(b) A description of the instrument or conveyance by which the joint tenancy or right of survivorship was created;
(c) A description of the property subject to the joint tenancy or right of survivorship; and
(d) The date and place of death of each deceased joint tenant or the deceased spouse.
2. Each month, a county recorder shall send all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding month to the Department of Human Resources in any format and by any medium approved by the Department.
Last modified: February 27, 2006