Legal Question in Real Estate Law in California

It depends on how they held title. The quitclaim won't do any good. The affidavit of death of joint tenant should be all that is necessary if they held title as joint tenants. If they held title in any other form, it gets a lot more complicated.

An affidavit of death of joint tenant should work if title was held as joint tenants, as community property, or as community property with rights of survivorship.

It would be kinda hard for her to sign the quitclaim deed! If the title was in 'joint tenancy' or a 'husband and wife as community property', then he doesn't need to do anything except obtain a copy of the death certificate and related forms. If held in any other title manner, he probably has to probate her estate to get a court ordered title change.

Actually if held as community property it does not automatically clear title just by recording the affidavit of death. There may be claims against her share of the community estate that would have to be probated, or she could have willed away some or all of her half of the community. Unless it was joint tenants or community property with rights of survivorship (which is really just joint tenants anyway) there will be more involved.

How was the property held? Contact me directly,