What is the simplest method for vesting of a marketable title after John's death in a joint tenancy with Jane?

What is the simplest method for vesting of a marketable title after John's death in a joint tenancy with Jane?

• A. Nothing is required
• B. Record a certified copy of a decree of distribution out of John's estate distributing the home to Jane
• C. Record a personal representative's deed to Jane Doe for John's share of property
• D. Record in the county of the property a certified copy of John's death certificate and a supplemental affidavit

Answer: (D)

In joint tenancy with right of survivorship, the surviving owner automatically acquires the decedent’s interest, but the public record must show survivorship to vest a marketable title. The simplest way to do this is to record in the county where the property sits a certified copy of John’s death certificate along with a supplemental affidavit. The death certificate proves the death, and the supplemental affidavit asserts survivorship and identifies Jane as the surviving owner, thereby vesting the title in her and making the record marketable. This avoids probate procedures, which would be more involved.

In joint tenancy with right of survivorship, the surviving owner automatically acquires the decedent’s interest, but the public record must show survivorship to vest a marketable title. The simplest way to do this is to record in the county where the property sits a certified copy of John’s death certificate along with a supplemental affidavit. The death certificate proves the death, and the supplemental affidavit asserts survivorship and identifies Jane as the surviving owner, thereby vesting the title in her and making the record marketable. This avoids probate procedures, which would be more involved.