Joint Tenancies

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Standard Exception Topic


Joint Tenancies

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.


Standard Exception Subtopic



V 1

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.