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

Detailed Answer

This FAQ explains the common steps people take in Connecticut after co-owners with a joint survivorship deed (joint tenancy with right of survivorship) die. It assumes the deed named the surviving owner(s) with an express right of survivorship. This is educational information only and is not legal advice.

Does title automatically pass to the surviving owner?

Yes — when a deed clearly creates a joint tenancy with right of survivorship, ownership usually passes automatically to the surviving joint tenant(s) by operation of law at the moment of death. You do not always need a probate administration to transfer ownership, but the public land records should be updated so the chain of title is clear for future sales, loans, or insurance.

Common reasons to re-record or update the recorded title

• To show the surviving owner(s) as sole owner(s) in the land records.
• To clear the record for sale, refinance, or title insurance.
• To correct ambiguous survivorship language or resolve competing claims.
• When a surviving owner wants to change ownership form (e.g., create a new deed, add a spouse, or place property into a trust).

Step-by-step checklist for Connecticut property

1. Obtain certified death certificates.

   Get a certified copy of the deceased co-owner(s)’ death certificate(s) from the Connecticut Department of Public Health or the town clerk where death was registered. Most registry offices require a certified death certificate to record proof of death.

2. Locate and review the recorded deed.

   Find the current deed in the town land records where the property is located. Confirm the deed contains express survivorship language (for example: “as joint tenants with right of survivorship” or similar words). If the deed is ambiguous (it says only “joint tenants” or is silent), the right of survivorship may be unclear and you may need legal help or a probate proceeding.

3. Search the land records for encumbrances and subsequent filings.

   Check for mortgages, liens, pending affidavits, or any recorded instruments that could affect title. A title search by a title company or attorney can identify problems before you record anything new.

4. Prepare an Affidavit of Survivorship or similar document.

   In practice a surviving owner often records a short affidavit (sometimes called an Affidavit of Death of Joint Tenant or Affidavit of Survivorship) that attaches a certified death certificate and identifies the recorded deed and book/page (or volume/folio). The affidavit states that a named joint tenant died and that the affiant is the surviving joint tenant entitled to ownership. The affidavit should comply with local recording practices and be notarized.

5. Record the affidavit (and optionally record a new deed).

   Record the affidavit and certified death certificate in the land records office for the municipality where the property is located. If you want to create a clean, updated record (for example to change ownership form or add/remove a name), record a new deed from the surviving owner(s) to the same surviving owner(s) (or to new grantee(s)). New deeds must be signed, notarized, and may require a conveyance tax or transfer forms — check local requirements.

6. Resolve clouded title or competing claims through probate or quiet-title if necessary.

   If the deed does not clearly create survivorship, if co-owners held title as tenants in common, or if other parties claim an interest, the estate may need probate administration or a lawsuit (quiet title) to clear title. Contact the local probate court if the deceased owned other assets or if heirs are disputing ownership.

7. Obtain title insurance or a title opinion before sale/refinance.

   For a sale or mortgage, lenders and buyers typically require a title insurance policy. A title company will insist on recorded proof (affidavit or new deed) and may require more documentation or a probate order if title is ambiguous.

Where to record and where to get official guidance:

• Land records are maintained in the town where the property is located — record the affidavit or deed there.
• Connecticut Probate Courts handle estate administrations and will explain whether probate is required: https://www.ctprobate.gov.
• Connecticut statutes on real property and conveyances (useful for research): https://www.cga.ct.gov/current/subject/Pages/RealProperty.aspx.

When probate is required

Probate may be necessary when:

• The deed is ambiguous about survivorship.
• The deceased owned the property solely (no survivorship) or as tenants in common.
• There are unpaid debts or known creditors who must be addressed through estate administration.
• There is a dispute among heirs or potential claimants.

Probate rules and forms are handled by Connecticut Probate Courts; see https://www.ctprobate.gov for court locations and procedures.

Common pitfalls and how to avoid them

• Recording an informal or incorrect affidavit — use a form drafted or reviewed by a lawyer or title company.
• Assuming survivorship when deed language is unclear — confirm the language before acting.
• Failing to clear mortgages or liens — a recorded affidavit does not remove liens; resolve encumbrances separately.
• Not getting title insurance when selling or refinancing — skip this only at your risk.

Sample documents people commonly use: Affidavit of Death of Joint Tenant, Survivorship Affidavit, or a new deed (Quitclaim or Warranty) from surviving owner(s). Templates vary — consult a local attorney or title company to ensure compliance with Connecticut recording practice.

Practical next steps

1. Get certified death certificate(s).
2. Locate the recorded deed and note book/page or volume/folio.
3. Contact the town land records office to ask their required form for an affidavit of death or survivorship.
4. If you plan to refinance or sell, contact a title company early.
5. If the deed is unclear or there are disputes, contact a probate attorney or the probate court.

Disclaimer: This is general information only and not legal advice. Laws and local recording practice can change. For specific guidance about a particular property, deed language, or competing claims, consult a Connecticut real estate attorney, a probate attorney, or a licensed title company.

Helpful Hints

• Keep certified death certificates and the original deed together in a safe place; you will need certified copies for recording.
• Before recording anything, ask the town land records office what they prefer to see — some towns have local requirements or form templates.
• If you see the phrase “with right of survivorship” in the recorded deed, that is strong evidence the surviving owner takes title automatically, but you still should record proof of death for a clean title chain.
• If the deed is old or handwritten, a title company may require additional evidence to insure title — budget for possible title clearing steps.
• Recording an affidavit is usually faster and cheaper than opening probate when survivorship is clear, but probate protects against creditor claims and resolves estate affairs when necessary.
• If multiple properties or substantial assets exist, consult a probate attorney — the overall estate plan can affect property handling.
• When in doubt, get a short consult with a Connecticut real estate or probate attorney; a 30-minute review of documents often prevents costly mistakes later.

For official Connecticut court and statute resources see the Connecticut Probate Courts site (https://www.ctprobate.gov) and the Connecticut General Assembly real property statutes page (https://www.cga.ct.gov/current/subject/Pages/RealProperty.aspx).