What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? — AZ

Detailed answer

1. Basic concept: what survivorship means in Arizona

When property is owned as joint tenants with right of survivorship (sometimes called a joint survivorship deed), ownership usually passes automatically to the surviving joint tenant(s) at the moment of death. The survivorship right operates outside of probate, but the public record (the county deed records) does not update itself — someone usually must record paperwork so the recorder’s index shows the change in ownership.

2. Confirm the deed language and current chain of title

First, obtain a copy of the recorded deed from the county recorder where the property sits. Look for wording such as “joint tenants with right of survivorship,” “joint tenancy,” or explicit survivorship language. If the deed names a right of survivorship, the surviving owner(s) usually own the property automatically. If the deed does not include survivorship language, the decedent’s interest may pass through probate.

3. Obtain certified death certificate(s)

Get an official, certified copy of the deceased owner’s death certificate from Arizona Vital Records or the state where the death was registered. County recorders will normally require a certified death certificate to evidence the death before changing public records. Arizona Vital Records: https://azdhs.gov/licensing/vital-records/index.php

4. Documents commonly used to update title in the recorder’s office

Recorders differ by county, but common methods to clear or update title after a joint tenant dies include:

• An affidavit of survivorship or affidavit of death of joint tenant signed by the surviving joint tenant(s) and notarized, accompanied by the certified death certificate(s).
• A new deed (for example, a quitclaim or grant deed) signed by the surviving owner(s) transferring title to the surviving owner(s) as sole owner(s). Some owners record a quitclaim deed from the surviving tenant(s) to themselves to create a clean recorded title.
• A certified copy of a probate order or personal representative’s deed if the decedent’s interest passed through probate.

Contact your county recorder for the exact form they accept. Many counties post sample forms or instructions online; if you don’t know the county recorder’s site, check the county government website for recording requirements.

5. If all co-owners named as joint tenants have died (or there are no surviving joint tenants)

If there are no surviving joint tenants, the property does not pass by survivorship. The decedent’s interest must be transferred through the decedent’s will or through intestate succession under Arizona’s probate laws. That usually requires opening a probate estate in the appropriate Arizona probate court or using any available non-probate transfer device (for example, transfer-on-death deed if one exists).

Arizona probate and estate transfer rules are in the Arizona Revised Statutes, Title 14 (Probate/Estates): https://www.azleg.gov/arsDetail/?title=14. Property and conveyance statutes appear in Title 33: https://www.azleg.gov/arsDetail/?title=33.

6. When probate may be unnecessary

Probate might not be required if:

• The deed contained clear survivorship language and at least one joint tenant survived.
• The estate qualifies for the small estate procedures available under Arizona law (check local rules and statute guidance).
• There is an alternative transfer device such as a transfer-on-death (TOD) designation that applies to real property.

If probate is necessary, a personal representative or administrator will obtain court authority to transfer title, and the court-signed documents are recorded to effect the transfer.

7. Practical recording steps — a checklist

1. Get certified death certificate(s).
2. Obtain an official copy of the recorded deed from the county recorder and review the wording.
3. Call or visit the county recorder’s website to learn which form they accept to prove survivorship or transfer title (affidavit of survivorship, affidavit of death of joint tenant, or a new deed).
4. Prepare the required document (many recorders provide a sample affidavit). Have surviving owner(s) sign in front of a notary.
5. Record the document with the county recorder, attach the certified death certificate and pay the recording fee.
6. Order an updated title report or title insurance endorsement to confirm the title is clear and shows the proper owner(s).

8. Liens, mortgages, taxes, and other third-party interests

Mortgages, property taxes, or other liens remain attached to the property regardless of survivorship. The surviving owner(s) should notify the mortgage lender and the county treasurer or tax assessor and continue to pay property taxes and mortgage payments. If a lien must be resolved before marketable title is established, contact the lienholder or a title company.

9. When to consider hiring an attorney

Consult a licensed Arizona attorney when you face any of these issues:

• Unclear deed language or disputes about whether survivorship applies.
• Multiple heirs or competing claims to title.
• Complex ownership (trusts, out-of-state heirs, multiple decedents, or when all joint tenants died).
• When a lender or title company demands additional documentation.

Use the Arizona statutes and county recorder guidance as a starting point, and consider getting an attorney if the transfer is contested or complex.

Helpful hints

• Start by pulling the recorded deed and certified death certificate — these two items usually solve most issues.
• Contact your county recorder first. Many counties publish the exact affidavit or sample deed language they accept for deaths of joint tenants.
• If you plan to record an affidavit, make sure it includes the recorder’s book/page or instrument number for the original deed so indexing is correct.
• Keep original certified death certificates; the recorder often requires certified (wet seal) copies, not photocopies.
• Record early to avoid title or closing delays if you plan to sell or refinance the property.
• If you are unsure whether the deed creates survivorship, an attorney or title company can confirm and suggest the correct recording path.
• If there is a mortgage, check with the lender before recording additional documents if a lender’s consent or payoff is required.
• Use a title company to get a current title report after recording to ensure the public record shows the correct owner.