What is an Affidavit of Survivorship?
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.
How to fill out an Affidavit of Survivorship template?
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.
What is a joint tenancy?
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.
What is the right of survivorship?
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.
What is the purpose of an Affidavit of Survivorship?
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.
Who can file an Affidavit of Survivorship?
An individual is eligible to file an Affidavit of Survivorship if he or she holds any of the deeds with the right of survivorship.
- Joint Tenants with Right of Survivorship. Joint Tenants with Right of Survivorship pertains to the equal ownership of both spouses or non-spouse to a property. Upon the death of one tenant, the title of a property is automatically transferred to the surviving spouse or non-spouse.
- Tenants by the Entirety. Tenants by the Entirety refers to the property ownership reserved only for married couples living in a state that recognizes such an agreement. Each spouse has an equal and undivided interest in a property that is considered a single legal entity. Some states that recognize tenancy by the entirety are Alaska, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, and Wyoming.
- Community Property with Right of Survivorship. Community Property with Right of Survivorship is an agreement regarding the joint tenancy of married couples in a community property state, such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
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.
- Life Estate Deed. A life estate deed allows a property owner to use a property while alive and transfer it automatically at death to his or her heir or successor. In this type of deed, the property owner is called a life tenant, and the heir is the remainder beneficiary. Both have real interests in the property but do not have property rights at the same time. The remainder beneficiary can only obtain property rights after the death of the life tenant. Moreover, a life estate deed avoids probate at death but risks the life tenant's control over his or her property during life.
- Transfer-on-Death Deed. A transfer-on-death (TOD) deed allows a property owner to designate one or more persons as beneficiaries. It could be an individual, organization, or charity. In a TOD deed, the property owner can change his or her decisions regarding the transfer of property ownership while alive. A TOD deed is also called a beneficiary deed, TOD instrument, or deed upon death.
- Ladybird Deed. A ladybird deed, also known as an enhanced life estate deed, gives a life tenant a continued control over his or her property until death. It is similar to a life estate deed, but experts recommend the ladybird deed as it secures the life tenant's control over the property during life.