Escrow & Title
When Nebraska property is co-owned by two joint tenants and one dies, the surviving joint tenant must:
AFile a new deed to formally acquire the deceased's share
BRecord an affidavit of survivorship with a certified death certificate to clear title✓ Correct
CFile a probate action to transfer the deceased's share
DObtain a court order before the property can be sold
Explanation
When a joint tenant dies, the surviving joint tenant must record an affidavit of survivorship along with the deceased co-owner's certified death certificate to update the title records and reflect clear title in the survivor.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
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