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

Detailed answer — steps to re-record or update title when joint owners die (Idaho)

When co-owners hold property as joint tenants with right of survivorship, ownership of a deceased co-owner’s share usually passes automatically to the surviving owner(s) by operation of law. However, you will usually want to update the public records so title evidence (recorded instruments) shows the current owner(s). Below are practical, Idaho-focused steps to follow.

1. Confirm how the deceased held title.

   Get a certified copy of the recorded deed from the county recorder where the property is located and read the language of the deed. Look for terms such as “joint tenants,” “with right of survivorship,” or “survivorship.” If the deed does not clearly say survivorship, the property may not pass automatically and you may need probate or other procedures.

2. Obtain certified death certificate(s).

   Order certified copies of the death certificate for each deceased co-owner from the state vital records office or the county where the death occurred. Recorders usually require a certified death certificate to update title.

3. Prepare an Affidavit of Survivorship (or similar document).

   Most Idaho county recorders accept a short, sworn Affidavit of Survivorship (sometimes called Affidavit of Death of Joint Tenant). The affidavit should include:

   • Full legal names of the decedent(s) and surviving owner(s).
   • Legal description of the property and the book/page or instrument number of the recorded deed.
   • The date of death and statement that the decedent was a joint tenant or held title with survivorship rights.
   • A statement that title vested in the surviving owner(s) by operation of law.
   • Attachments or exhibits: a certified copy of the recorded deed and certified death certificate(s).

   Have the affidavit notarized before filing.

4. Record the affidavit with the county recorder.

   File the notarized affidavit and copies of the death certificate(s) and recorded deed at the same county recorder’s office where the original deed is recorded. Pay the regular recording fee. Once recorded, the affidavit becomes part of the public title chain and helps title companies and future buyers see how title passed.

5. Consider recording a new deed if you want cleaner title evidence.

   Some owners record a new deed (for example, a quitclaim deed or warranty deed from the surviving owner(s) to themselves) to consolidate the chain. A new deed is not required to effect survivorship, but it can simplify later transactions and title insurance issues. If you record a new deed, include a short recitation of the chain (reference the recorded affidavit and original deed).

6. Notify the county assessor and check tax consequences.

   Contact the county assessor to update ownership for property tax records. Survivorship transfers generally do not create a sale, but local rules for reassessment or transfer statements vary. The Idaho State Tax Commission provides guidance on property tax administration (see: tax.idaho.gov).

7. Obtain an updated title report or title insurance endorsement.

   Get a title search or an endorsement from your title insurer showing current ownership after recording the affidavit or new deed. This step helps confirm that the public record now shows clear ownership without unresolved liens or defects.

8. If the deed is ambiguous or no survivorship language exists, consider probate or small estate procedures.

   If the deed did not include survivorship language or if there is a dispute about how the decedent held title, the property may need to pass through probate or other statutory transfer processes. Idaho’s probate and decedent administration laws (Title 15, Idaho Code) explain estate administration options. See Idaho Code Title 15 for probate rules (https://legislature.idaho.gov/statutesrules/idstat/Title15/).

9. When in doubt, consult an Idaho real property attorney or your county recorder.

   County recorders vary in exact documentary requirements and formatting. If you face conflicting documents, liens, mortgage issues, or potential disputes among heirs, talk with a licensed Idaho attorney who handles real property and estates.

For statutory background on deeds, conveyance, and recording in Idaho, see the Idaho Code on property law (Title 55): https://legislature.idaho.gov/statutesrules/idstat/Title55/. For probate and administration procedures, see Idaho Code Title 15: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

Common documents you may use:

• Affidavit of Survivorship / Affidavit of Death of Joint Tenant (notarized)
• Certified death certificate(s)
• Copy of the recorded deed showing survivorship language
• New deed (quitclaim or warranty) from surviving owner(s) to surviving owner(s), if desired

Record-keeping tips: Keep certified copies of anything you record. Keep originals, certified death certificates, and a copy of the recorded affidavit or new deed in a safe place. Request certified copies of newly recorded documents for banks, title insurers, and heirs.

Helpful Hints

• Start by getting a certified copy of the recorded deed from the county recorder—this tells you if survivorship was actually created.
• Bring certified death certificates when you file; recorders commonly require these to record an affidavit of death.
• Use plain, factual language in the affidavit: identify the recorded deed, name the decedent, give the date of death, and state the survivorship result.
• Call the county recorder’s office before you go—ask about specific form requirements, fees, and whether they accept electronic filings.
• If the decedent left a mortgage or liens, those do not automatically disappear; review lender requirements before recording a new deed or transferring title.
• If multiple heirs claim the property or if title is unclear, do not try to resolve disputes by informal transfers. Get legal advice to avoid creating bigger problems.
• Recording an affidavit or new deed does not replace a title search. Obtain a title report for major transactions (selling or refinancing).

Where to learn more: Visit the county recorder’s website where the property is located for local recording instructions, fees, and forms. For legal rules on conveyance and probate, review Idaho statutes at the Idaho Legislature website: Title 55 (Property) and Title 15 (Probate).

Disclaimer: This is general information only and is not legal advice. It explains common practices under Idaho law but cannot account for all facts and exceptions. If you need legal advice about your situation, consult a licensed Idaho attorney experienced in real property and probate.