Question: A person that I jointly (either as a joint tenancy or community property with right of survivorship) owned real estate with has passed away. Do I have to file anything with the government?

I owned a house with a family member that has recently passed away. It was held in joint tenancy. Do I have to do anything or does it just get passed to us the survivors automatically?

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The fact that you held it as “joint tenancy” or as "community property with right of survivorship" may mean that you can avoid probate proceedings, but it does not mean that the paperwork is 100% completed without some extra steps taken on your part.

Anytime there is a death of a property owner, the assessor's office in the county in which the property is located must be notified of the death. This Change in Ownership Statement gives the government the information necessary to decide, among other things, important issues such as taxes.

For example, in Los Angeles County: "The Assessor’s Office must be notified upon the death of an owner within 150 days of the date of death, or if the estate is probated at the time the inventory and appraisal is filed. The Change in Ownership Statement Death of Real Property Owner Form (BOE-502-D/ASSR-176) is required to be completed and submitted to the Assessor’s Office, even if the decedent held the property in a trust."

If you owned property with a loved one and that person has passed away, it is in your best interest to ensure that this Change in Ownership Statement is properly completed and submitted to the government office as soon as possible. If you need help from a lawyer, you can contact me at any time to see how we can make this process simpler for you.

That being said, I am a firm believer that anyone who wants to do something reasonable can accomplish it. Below are some resources and helpful information you can use, per the Los Angeles County Assessor's website.

If you have any questions or concerns at all, contact me today for professional attorney assistance.

https://assessor.lacounty.gov/real-estate-toolkit/death-of-a-property-owner

— The forms referenced below can be found above at the LA County website.

If Decedent had a will:

  • Change in Ownership Statement Death of Real Property Owner Form (BOE-502-D/ASSR-176)

  • Death Certificate.

  • Copy of signed will.

  • Claim for Reassessment Exclusion for Transfer Between Parent and Child Form (BOE-58-AH/OWN-88), if applicable.

  • Claim for Reassessment Exclusion for Transfer from Grandparent to Grandchild Form (BOE-58-G/OWN-143), if applicable.

  • Copy of State of California Certificate of Registration of Domestic Partnership, if applicable.

If Decedent did not have a will:

  • Change in Ownership Statement Death of Real Property Owner Form (BOE-502-D/ASSR-176)

  • Death Certificate.

  • Letters of Administration.

  • List of heirs showing relationship to the decedent.

  • Claim for Reassessment Exclusion for Transfer Between Parent and Child Form (BOE-58-AH/OWN-88), if applicable.

  • Claim for Reassessment Exclusion for Transfer from Grandparent to Grandchild Form (BOE-58-G/OWN-143), if applicable.

  • Copy of State of California Certificate of Registration of Domestic Partnership, if applicable.

If Decedent's property was in a trust:

  • Change in Ownership Statement Death of Real Property Owner Form (BOE-502-D/ ASSR-176)

  • Death Certificate.

  • Entire trust including all amendments and attachments.

  • Claim for Reassessment Exclusion for Transfer Between Parent and Child Form (BOE-58-AH/OWN-88), if applicable.

  • Claim for Reassessment Exclusion for Transfer from Grandparent to Grandchild Form (BOE-58-G/OWN-143), if applicable.

  • Copy of State of California Certificate of Registration of Domestic Partnership, if applicable.