An Affidavit of Survivorship is a document used to realize the rights of survivorship in a jointly-owned property upon the death of one of the tenants.
An Affidavit of Survivorship is used to realize the rights of survivorship in a jointly-owned property.
Joint tenants are eligible to file an Affidavit of Survivorship if they signed a deed with a right of survivorship, enabling them to automatically transfer the title of property upon the death of any of them without including it in a will.
An Affidavit of Survivorship is also called Survivorship Affidavit, Affidavit of Surviving Spouse, Affidavit of Surviving Joint Tenant, or Affidavit of Continuous Marriage.
Enter the following information to fill out an Affidavit of Survivorship.
Enter the state to determine the laws that will govern the Affidavit of Survivorship.
Enter the administrative division of the state.
Enter the name of the survivor.
Enter the address where the survivor lives.
IN THE STATE OF
Enter the state where the survivor lives.
1. The Decedent
Enter the name of the decedent.
2. The Decedent died on
Enter the date when the decedent died.
3. The name of the Decedent's survivors are
Enter the name of the decedent's survivors.
4. My relationship to the Decedent was
Enter the survivor’s relationship with the decedent.
5. At the time of death, the Decedent was the owner of
Enter the name of the jointly-owned property.
Enter the name of the co-owner or survivor.
6. The property is legally described as follows
Enter the description of the property.
Enter the name and signature of the affiant or survivor.
Subscribed and sworn to before me this
This section must be filled out by the notary public to whom the survivor has subscribed and sworn an Affidavit of Survivorship.
Enter the date the survivor has subscribed and sworn an Affidavit of Survivorship.
Enter the name of the notary public.
Enter the county.
My commission expires
Enter the expiration date of the notary public's commission.
A joint tenancy refers to the special arrangement of property ownership formed by two or more persons. The owners are called joint tenants, whose rights and obligations to the property are equal.
The right of survivorship is an attribute of several types of joint ownership of a property. It determines what happens to the property if one of the tenants dies.
If a deed comprises the right of survivorship, it means that upon the death of one of the tenants, his or her property shares will be automatically transferred to the remaining tenants.
An Affidavit of Survivorship is a sworn statement filed by a survivor or affiant with the county to claim full ownership of a decedent's interest in the property by operation of law. It is also used to inform third parties, including the government, title companies, lenders, or property tax officials, that one joint tenant of a property has died.
The survivors or affiants refer to the decedent's co-owners of the property. They can be the decedent's spouse, children, parents, or friends.
Technically, an Affidavit of Survivorship removes the ownership of a decedent to a jointly-owned property, making the survivor the sole owner. It must be filed with the county after the decedent’s death.
An individual is eligible to file an Affidavit of Survivorship if he or she holds any of the deeds with the right of survivorship.
An individual can file an Affidavit of Survivorship if a deceased owner named him or her an heir to a property through a life estate deed, TOD or beneficiary deed, or ladybird deed.
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