Affidavit of Death of a Joint Tenant (Probate Code § 210)

The fundamental rule of joint tenancy is the right of survivorship, by which the public learns about the current ownership through a recorded affidavit of death of joint tenant. This article explains joint tenancy and what to do when a joint tenant dies.

What is Joint Tenancy?

Joint tenancy, also known as joint tenancy with right of survivorship or JTWROS, “requires unity of interest, unity of title, unity of time, and unity of possession.” [1] California Tr. Co. v. Anderson (1949) 91 Cal. App. 2d 832, 836. “The distinguishing characteristic of a joint tenancy is that each tenant has a right of survivorship, by which, upon the death of the other tenant, the survivor will automatically succeed to the entire property.” [2] Dang v. Smith, (2010) 190 Cal.App.4th 646, 490. Indeed, “when one joint tenant dies, the entire estate belongs automatically to the surviving joint tenant(s).” [3] Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1317.

About Scott Talkov

Scott Talkov is a partition lawyer in California. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been rated by Super Lawyers since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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Talkov Law is Rated 5 out of 5 stars based on 104 customer reviews.

It was a please working with Attorney Nick Moss.I unfortunately had a family related partition action case that started off as a nightmare. I didn’t retain the right firm at first, which caused this case to spiral and take the wrong turn. Lucky for me I found Talkov Law one late night searching on google. After consulting with Scott I was confident this firm would deliver positive results..Nick was very responsive and attentive with every email! Literally took all my stress away and couldn’t be more grateful for the end result.

Took longer then I had anticipated. Then again this is my first time. Thank Ferdeza for being patient with me and David! I'd like to thank everyone at Talkov Law for taking on my case. I had no money to put down a retainer. But you all took my case anyway Thank you Jesus

Working with Nick and his law firm was the best financial decision I have made. The services they provided was exactly what we needed. Nick was easy to get ahold of and made this process a smooth one. He is so knowledgeable and professional. We could not have had a better experience.

Mr. Talkov has an excellent legal team. They are experts in their field. Super strong command of the law and getting people and issues on track. They have tremendous professionalism, respect, and provides solid advice in handling complicated disputes by quickly getting to the core resolution. His leadership, quick wit, strong actions backed with experience and knowledge ranks him as a Super Lawyer again and again! Highly Recommend!

I have Nick Moss as my representative. Nick is the best attorney. I love the job that Nick had done for me and my family. He cares about me and my family. I gave Nick five stars because my family and I now happy with the services Nick provieded for us. Thank you so much Nick.

Scott is the best. I knew I would be in good hands based on his reputation, but I was still amazed by how knowledgeable he was about every little detail of process. He was able to make something that was originally extremely stressful into something that was very smooth. Anything that came up, he would find a solution for rapidly. I will be referring anyone I know that needs legal work to him and his firm.

We are so thankful to have found Ferdeza Zekiri with Talkov Law to represent my wife and I in a property matter. She has been diligent, effective and has a strong command of the legal issues we are facing. We feel at ease knowing we have the knowledge and support of Ferdeza and team on our side. We could not recommend the firm highly enough. Thank you for all you do.

Nick and the Talkov Law team brought about a wonderful ending to my partition dispute and I highly recommend them.

Talkov Law did an awesome job with a partition lawsuit! The attorney they assigned to represent me Olivia did an excellent job! They are very professional and knowledgeable. I highly recommend them. Thank you for the great and wonderful job you did!

I was provided with excellent service and sound legal advice to navigate through my pending legal issues. I am so thankful to find Scott during my situation. He is very knowledgeable and is the best at what he does. I will be recommending him to many people in the future.

Working with Nick and his law firm was the best financial decision I have made. The services they provided was exactly what we needed. Nick was easy to get ahold of and made this process a smooth one. He is so knowledgeable and professional. We could not have had a better experience.

It is without question that Scott Talkov is one of the most genuine, forthright, and exemplary attorneys we could have found. After purchasing our home, we were wrongfully brought into a dispute that had no relation to our real estate transaction. After speaking with multiple firms who seemed to either complicate the matter or were quick to ask for a substantial retainer, we were fortunate to have contacted the Talkov Law Firm. Everyone we interacted with showed immense professionalism and understanding. Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. We truly appreciate the Talkov firm and recommend them in the highest regard.

Olivia Dajee and the attorneys at Talkov Law were very helpful in representing me in a partition case that could have easily become much more complicated. They were knowledgeable, excellent at communication, and were able to sell my property quickly and efficiently without court intervention. I highly recommend Talkov Law to anyone searching for a reliable real estate partition attorney!

Nick did a fantastic job working through every issue to get to a resolution that completely met our expectations.

nick amd the talkov law team used their knowledge and expertise to provide me with thoughtful advice to bring about a prompt end to my partition dispute.i highly recommended talkov law.

Attorney Nick Moss at Talkov Law handles my partition action case most proficiently.He has given me valuable advice throughout the course of the case. I highly recommend him and Talkov Law to anyone involved in Partition action.K .L. Ngai

Nick provided pertinent advice to help bring a resolution to my real estate ownership dispute. I highly recommend Nick Moss.

Talkov Law represented us in a case that ended with a very successful mediation settlement. The overall team was great. Specifically, Scott steered the case up front in ways that were effective, quickly laid out our options and were realistic and proactive in driving the case to conclusion. At each step along the way he gave us informed options, and was both mindful of our time and efficient with hours. Ferdeza Zekiri handed the case at a detailed level, and was singled out by our mediator for the quality and argumentation in our brief--and rightly so. It was her preparation and confidence in the facts of the case that drove it to a successful conclusion, achieving a result I’m doubtful we would have reached with other attorneys.

I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. I wasn't sure how to go about the situation, he gave guidance and insight on how things work. I outreached to a few attorneys and none of them got back to me but Scott took the time to reach me and help me out right away. Thank you guys.

The offices of Talkov Law treated me right! I recommend this law firm. I was treated with respect and much fairness. It is worth a call, they do care.Thank you I will be coming back in the future. Thank you again

I am very fortunate that I found Scott to represent me. The Riverside Court judge seemed familiar with his work and even deferred to his legal expertise. Not only was his legal advice spot-on, but the case turned out exactly as he predicted. I'm glad I wasn't fooled by his young appearance- he knows exactly what he's doing. I wish I had found Scott years earlier as the favorable court ruling has changed the future of my business!

Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. Nick demonstrated exemplary professionalism and expertise. He's patient and great at communicating and translating legal jargon. I highly recommend them and the Talkov Law team.

My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. I put my trust in him and I have not been disappointed.

Nick Moss was professional, knowledgeable and responsive. With his help we resolved the legal claim without extensive legal proceedings, which saved us money and time. Highly recommend this firm!

"Best legal advice you can get!! Amazing team of people who are really interested in finding the best solution to your problem.There is absolutely no better law firm than Talkov Law.Words can't explain how thankful I am to Attorney Scott Talkov, who is not only an amazing lawyer with great legal know how but is also an extremely nice person, who takes time and listens to your issues and problems to offer solutions. Every time I spoke to him he gave me the best possible advice and the confidence I needed. Thank you so so much Attorney Scott Talkov.

I had a real estate issue and contacted Talkov Law. Within minutes Scott contacted me. He was very professional and extremely knowledgeable. I feel extremely indebted for the help he provided. 5 stars definitely isn't enough. I would recommend Scott without any doubt he would meet your attorney needs. Thank you again Scott.

My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. My first impression, they are very response to the calls.1 - Customer service - Excellent2 - On time appointment schedule - Excellent3 - Professional - Excellent4 - Good Quality - very details on financial analyst in real estate document especially in gathering and organizing and analyzing proof of evidences. = Excellent.5 - Free consultation is a plus = Excellent.6 - Cost is reasonable .In addition to major factors mention above , I would give to Attorney : Mr. Nick Moss a five star rating . I have been observing the legal process once I interact with him through out comminutions . He always stay on top of handle of responses to my phone calls ; emails and messages. Stay on top of update my financial analyst report make sure it is correct and valid evidences. He explained to me in details if I had any questions or concerns. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. It means his process is very transparency and let me know the status of my case instantly. Finally , I'm very happy working with Mr. Nick , however, my case have not go to an end yet . With his professionalism attitude as I observed , I believed Mr. Nick will help me get over this difficult time. I recommended .

Talkov Law provided excellent service. My family is grateful to Nick Moss for his expertise and diligence. Thanks to Nick, my family's co-ownership dispute has finally been resolved.

Nick Moss and the Talkov Law Corp team used their knowledge and expertise to help me bring an end to my co-ownership dispute. I highly recommend Talkov Law Corp.

The Talkov Law firm was a pleasure to work with. They were very knowledgeable in the whole process and explained all the steps that they were taking. Scott and Colleen were the best. She accomplished exactly what I wanted and gave me a peace of mind that they would get it done. Colleen took all the right steps in ensuring the best outcome. The whole team at Talkov were professional. I couldn't have asked for a better team to help with my case. Everyone there was willing to help with any questions i had. I would refer them to anyone who wants a team that knows exactly what they are doing and that is transparent. If i ever need another Law firm in the future, I will be calling them to help. Thank you again Talkov Law firm for helping with my Partition.

Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Nick Moss of the Talkov Law Team was that great person for me and brought about a prompt ending to my contentious property ownership dispute. I highly recommend hiring Talkov Law.

As a Los Angeles business owner involved in litigation alleging breach of contract and business torts, I was glad to find a highly competent, aggressive and efficient local attorney. Scott promptly put an end to the case on favorable terms. I've worked with attorneys before, but Scott is my favorite due to his diligence and interest in the law. Kudos.

Very helpful and kept me updated on everything that was done and what was going on.. Will highly recommend to others.

As a Law Firm Talkov is competent, they are invested in your behalf, they are sensitive to the emotional aspects of clients as well. I trust them and feel safe. Ms.Ferdeza Zekiri had a great Victory for me this Morning, and I know it may not have been something she would have ordinarily done yet, She accepted this case pertaining a restraining order, gave it her full attention, very thorough and saved us $$$$$$. I am grateful that I found this law Firm.

Scott really knows his stuff about real estate and bankruptcy law. He is a brilliant attorney and confident in the Courtroom.

Nick and the Talkov Law Corp team brought about a prompt ending to my partition lawsuit using legal expertise and professionalism. I highly recommend hiring Talkov Law Corp.

As a California business owner, I am pleased that Scott has repeatedly under-promised and over-delivered in litigation and out-of-court settlements in real estate and business disputes. He has not only prevailed on my behalf against much more experienced attorneys, but has repeatedly collected his fees from the opposing parties. Scott's track record of success since his days as a young attorney has earned him the status of being the first person I call when legal issues arise.

We highly recommend Nick Moss from this law firm. He has been very respectful, clear, understanding and hardworking.

As a fellow attorney I have found that Scott Talkov at Talkov Law is very knowledgeable of partition law and procedure. If I were looking for help in a partition action, I would have no reservation in recommending him.

Talkov Law will get your partition done. Adeeb did a tremendous job on my partition. Adeeb along with Scott are very knowledgeable to the partition laws and nobody can compete. Adeeb along with Scott is a great combination. These guys know what they are doing and Adeeb is going give you the pros and cons and advise you to the best decision to make in your partition settlement. I couldn't have asked for a better outcome to my case. These guys really know the law. Thanks Adeeb and Talkov Law.

Thank you Olivia and the Talkov team for all your efforts in resolving our partition action case. Definitely recommend !

nick amd the talkov law team used their knowledge and expertise to provide me with thoughtful advice to bring about a prompt end to my partition dispute.i highly recommended talkov law.

I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. The attorneys at Talkov Law helped me achieve a great outcome in a difficult heavily litigated case. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. Heartfelt thanks to the Team at Talkov Law!

Everyone at the law firm - Courtney, Lauren, Natalie, and the Talkov's - were patient, caring, and very efficient when it came to my case. I would recommend all of them in a heartbeat! Thank you so much for your help with my case!

Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. He is professional, kind, and extremely hard working. I am grateful for the opportunity to work with Nick and Talkov Law Corp and would highly recommend their services to anyone!

The team is professional who provides prompt advice and communication. The team made the whole process seamless and painless. I am very happy with the team and would engage them again should a need arise.

Exellent customer service from Talkov Law, SPECIALLY from Mr. Nick Moss who is a very professional and knowledgeable Real Estate attorney, who always was at my disposition and went out of his way in order to helping me with the Real Estate problem that I was going thru.I would not hesitate a second to use their professional sevices again or to refer anybody I know.THANKS once again Talkov Law( Nick Moss).Best regards.SincerelyPeter Reyes

3 1/2 months ago I was looking for an attorney to help me with my real estate partition. I googled and after speaking with several attorneys I felt confident and put my trust in Nick. I am so glad I decided to hire Talkov Law. Nick worked so hard in making sure I win my case. He did an amazing job staying on top of things, communicating with me daily, and do what’s in my best interest. He is not only caring and compassionate but very professional. These cases usually take a year to get resolved. Thank you Nick for making it happen in 3 1/2 months. I am now in escrow and soon will be receiving my settlement Thanks to Talkov Law.When I posted my most recent review Above I think I deleted my review from 3 months ago. So her it is.Nick Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of me. I would greatly recommend his services to anyone who needs assistance in a real estate dispute

With the help of Talkov Law, I was able to not only win my case but also collect attorney's fees from the opposing party. I was involved in a business dispute where the other side refused to accept that they were wrong. The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! I am so glad that Scott was referred to me by another attorney and that this headache is finally behind me. I hope I never need another lawyer again, but if I do, Talkov Law will be the first law firm I call.

Mr. Talkov has an excellent legal team. They are experts in their field. Super strong command of the law and getting people and issues on track. They have tremendous professionalism, respect, and provides solid advice in handling complicated disputes by quickly getting to the core resolution. His leadership, quick wit, strong actions backed with experience and knowledge ranks him as a Super Lawyer again and again! Highly Recommend!

As a fellow lawyer, I am confident that Mr. Talkov knows partition law like the back of his hand. I would not hesitate to call him for a partition action. Very professional and insightful!

Very happy with my experience with Talkov Law. Scott seemed to understand my case and needs, assigning my case to Nick Moss. Nick has been delightful to work with putting me at ease with a very tense family situation. No resolution yet but we are working to that end. I would recommend this group when everyone else tells you it cant be done.

Fantastic experience throughout the entire process. Colleen was able to help me navigate through a very complex separation. The team at Talkov Law has been very informative and helpful. I would recommend this team to anyone who has family law needs. They are absolutely top notch!

My California business has repeatedly expanded under Scott's guidance. In litigation, Scott is a persistent, zealous advocate, has repeatedly prevailed for my business, and has even recovered significant attorney's fees from the other side. He is also the first to identify and counsel against litigation that makes no business sense. This is why I have repeatedly turned to him since he was a young attorney to be my trusted business advisor.