Under a Joint Tenancy Deed with Survivorship, when one of the listed owners on the Deed dies and the surviving owner wishes to add a new person to the Deed, the process of transferring the property depends upon state laws.
In most states, upon the death of one joint tenant (where the deed specifies survivorship), the death certificate of the decedent or an affidavit verifying death (along with a copy of the death certificate) would be filed with the recorder’s office.
Upon such filing, the property would be vested in the sole name of the surviving joint tenant.
Only after the Deed returns to the sole surviving joint tenant may the surviving spouse prepare and file a new deed naming him or herself and any third party as the new owners.
To create a new Deed as indicated above, see Standard Legal’s Quitclaim Deed legal forms software or use Standard Legal’s Quitclaim Deed document preparation service.