Right of Survivorship
An affidavit of survivorship is generally only applicable to jointly owned property and in circumstances where the right of survivorship has been established. This is often done by simply including “JTWROS” on the property deed after each tenant’s name.
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Who Can File
A joint tenant or co-owner of a property who has the right of survivorship may file an affidavit of survivorship when their fellow tenant or co-owner dies. In states that recognize tenancy by the entirety, a surviving spouse may also file an affidavit of survivorship.
This affidavit can only be used when the tenants hold equal ownership interests in the property; if the tenants hold varied percentages of ownership and there is no right of survivorship, the decedent’s interest instead becomes part of their estate.
Heirs
If a life estate deed, transfer-on-death deed, or ladybird deed names an individual as the heir to a property, then this heir may file an affidavit of survivorship upon the owner’s death and become the new owner of the property without going through the probate process.
How to File
After signing and notarizing your affidavit, submit it to the land records office (usually known as the County Recorder or Registrar of Deeds) in the county where the property is located. You may need to pay a processing fee when filing your document, depending on the locale.
It may also be necessary to include a certified copy of the decedent’s death certificate with your affidavit. In some cases, simply listing the date of death on the affidavit is sufficient. Check with your local recorder’s office to determine if a death certificate is required.
How to Write an Affidavit of Survivorship
- List the State and County
- Include Your Name and Current Address
- Identify the Property by Date of Deed, Address, and Instrument Number
- Include a Legal Description of the Property
- Affirm Your Joint Ownership of the Property with the Decedent
- State the Fact that the Decedent Died and Their Date of Death
- Conclude by Requesting to be Recognized as the Sole Owner
Sample
AFFIDAVIT OF SURVIVORSHIP
State of: [STATE]
County of: [COUNTY]
I, [NAME] (“the Affiant”), residing at [ADDRESS] in the County of [COUNTY] in the State of [STATE], being of legal age and duly sworn, do hereby depose and say that:
1. That on [DATE OF DEED] by [TYPE OF DEED], duly recorded with an Instrument Number (or Book and Page number) of [INSTRUMENT NUMBER/BOOK AND PAGE NUMBER], the Affiant and [NAME OF DECEDENT] became owners of property commonly known as [PROPERTY ADDRESS].
2. That the legal description of said property is as follows:
[LEGAL DESCRIPTION]
3. That the Affiant and [NAME OF DECEDENT] own the property in joint tenancy with rights of survivorship.
4. That [NAME OF DECEDENT] died on [DATE OF DEATH], as evidenced by the attached certified copy of their death certificate.
5. That by virtue of [NAME OF DECEDENT]’s death, the Affiant is the owner of the above-described property and requests that this fact be reflected on the land and tax records of the County.
_______________________________
Signature
Date: [DATE]
Sworn and subscribed before me this [DAY] day of [MONTH], [YEAR].
____________________ (signature)
NOTARY PUBLIC