Upon the death of a joint tenant where a joint tenancy was properly created in accordance with state law, you must secure credible evidence of that tenant’s death.
Proof of Death of Joint Tenant by Affidavit
Company requires for its review a satisfactory affidavit stating the time of death, place of death, and place of residence at death of ________________ (“Decedent”), who owned an interest in the land as a joint tenant, and a certified copy of the death certificate, if available. At that time, the Company may make additional requirements or exceptions.
Comment: Do not insure these types of transactions without underwriter approval. If the joint tenants were spouses, you must obtain a court order in compliance with Probate Code Section 456. A certified copy of the order must be recorded in compliance with Probate Code Section 457.