Joint Tenancies
Underwriting Manuals
- TX 5.20 Estate Taxes
- TX 10.00 Joint Tenancies With Right of Survivorship
- TX 18.20 Simultaneous Death Act
- TX 19.12 Tenancy In Common
Standard Exceptions
Bulletins
- No references available.
Forms
- No references available.
Table of Contents
JOT
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.
Requirements
JOTR01
STG
12/01/1995
V
2
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.
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.