Detailed Answer — what happens and the practical steps to update title

If two or more people own real estate as joint tenants with right of survivorship (including many jointly-owned deeds and many deeds to married couples), ownership of the property typically passes automatically to the surviving owner(s) when one co-owner dies. That transfer occurs by operation of law — it does not require probate of the deceased owner’s will. However, public records may still show the deceased owner as holder of record. To clear the public record and make the surviving owner’s title easier to prove (for selling, refinancing, or updating tax records), you normally record a short document with the county Register of Deeds and Mortgages showing the death and asserting survivorship.

Below are the usual steps New Jersey owners follow. County practices differ slightly, so call the county Register of Deeds and Mortgages where the property is recorded for exact local rules and fees.

1. Confirm the type of ownership on the recorded deed. Look at the recorded deed (available from the county register). If the deed expressly creates a right of survivorship, or if it is a deed to a married couple by the entirety, survivorship usually applies. If the deed creates a tenancy in common, survivorship does not apply and the deceased owner’s share passes through that person’s estate.
2. Obtain a certified copy of the death certificate. Most registers require a certified death certificate (or an acceptable certified copy) for the deceased co-owner. You can get this from the State Vital Records or the local registrar. Keep certified copies for recording and for the title company or mortgage lender if needed.
3. Prepare a short affidavit or proof of death of surviving joint tenant. Many counties accept a brief, notarized affidavit from the surviving owner called an “Affidavit of Surviving Joint Tenant” or “Affidavit of Death and Survivorship.” The affidavit should identify the property (address and instrument book/page or document number), name the deceased co-owner, state the date of death, and assert that the affiant is the surviving owner under the recorded deed. Some counties provide a specific form; check the county register’s website or call them to ask for required language.
4. Optionally prepare a new deed (sometimes called a dedicatory or confirmation deed). In many cases you do not need to prepare a new deed because title passed automatically. But some survivors record a short confirmatory deed (a deed from the executor of the deceased’s estate, or from the surviving owner to the surviving owner) or a survivorship deed to remove ambiguity. If you plan to sell or refinance, a title company may ask for a confirmatory document or additional evidence of survivorship.
5. Record the affidavit or deed with the county Register of Deeds and Mortgages. Take the notarized affidavit (and the death certificate) to the county register where the original deed is recorded. The register will record the affidavit or deed and link it to the original deed. Recording fees and indexing fees apply. Recording creates an updated public record that shows the deceased owner’s interest has ended.
6. Notify the tax assessor and mortgage lender (if any). After recording, update local property tax records and inform any mortgage holder. They may request a recorded affidavit or certified death certificate to update their files and billing.
7. If title is unclear or the deed is tenancy in common, consider probate or small-estate procedures. If the deed shows tenancy in common or if multiple potential heirs claim an interest, the deceased’s share may need to go through probate (Surrogate’s Court) or a New Jersey small-estate procedure before title can be transferred. Contact the county Surrogate’s Office or a probate attorney for guidance. See New Jersey Courts — Surrogate section: https://www.njcourts.gov/courts/surrogates.
8. Keep recorded copies and check title. After recording, request certified or conformed copies of the newly recorded affidavit or deed. It is often helpful to have a title search or title company review to confirm there are no other claims, liens, or clouds on title.

When probate is not needed

When the deed creates an express right of survivorship or the property is owned as tenancy by the entirety (common for married couples in New Jersey), the surviving owner typically receives full legal title automatically and probate is not required to transfer that ownership interest. Recording the affidavit or confirmatory deed simply updates the public record.

When probate or other court action may be required

If the recorded deed does not clearly create survivorship (for example, the deed is silent or the property is held as tenants in common), or if there is a dispute about ownership, the deceased owner’s share may pass through probate or require a court determination. Also, if a surviving owner cannot locate required documents or there are competing claims, consult the county Surrogate’s Office or an attorney.

General statutory resources for New Jersey property and probate matters are published by the New Jersey Legislature at https://www.njleg.state.nj.us and the New Jersey Courts at https://www.njcourts.gov. For tax and recording contact information, the New Jersey Division of Taxation and your county register’s website list local procedures: https://www.state.nj.us/treasury/taxation/.

Helpful Hints — quick checklist and tips

• Start by pulling the recorded deed from the county Register of Deeds and Mortgages to confirm how ownership is described.
• Get one or more certified copies of the death certificate early — registers and title companies will ask for them.
• Call your county Register of Deeds and Mortgages. Many counties post an affidavit-of-survivorship form and specific fee information online.
• If a lender or title company is involved (sale or refinance), ask them what documentation they will require to insure title.
• If there is any disagreement among family members or uncertainty about the deed wording, consult a New Jersey real estate or probate attorney before recording anything.
• Recording an affidavit does not remove liens or mortgages. If the deceased was an obligor on a mortgage, the lender may still have a claim; check loan documents and consult the lender.
• After recording, update the property tax records with the municipal tax assessor to ensure future bills go to the correct owner.
• Keep multiple certified copies of recorded instruments and the death certificate for bank, lender, and insurer requests.