Survivorship Affidavit Step 1 of 13 - State 0% Hiddendate_startThis adds the current timestamp to the form when the user starts the form for the first time. Hiddenpreview_navigation_tf Yes No Hiddenpayment_tf Yes No Hiddenadmin_approval_tf Yes No Hiddenreturn_to_browser_tf Yes No Hiddensend_to_preparer_tf Yes No Hiddensend_to_admin_tf Yes No Hiddensend_to_other_tf Yes No Hiddensend_to_reviewer_tf Yes No Hiddenpermissions Hiddenloading_tf Yes No Hiddenexpire_tf True False Hiddenprocessed_tf True False Hiddenpaid_tf True False HiddenaffiliateTrusted DeedsHiddensite_name Hiddenuser_role Hiddenorder Create a Survivorship Affidavit in Minutes ($29.99) This interview will help you create a survivorship affidavit in minutes. Just answer the relevant questions, and the complete, customized survivorship affidavit will be e-mailed to you. Note: This interview should be completed by or on behalf of a co-owner of the property that survived the deceased owner or someone who inherited the property under a deed that took effect at the deceased owner's death. Property State*Select the state where the property is located.AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingshow_survivorship_affidavit_explanation Tell me more about survivorship affidavits What is a Survivorship Affidavit? A survivorship affidavit is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner’s death in the land records. The purpose of a survivorship affidavit is to clear up the land records by letting third parties—including title companies, lenders, and the property tax officials—know that an owner has passed away and that you now own the property without that owner. It can be used in two situations: While the deceased owner was alive, you and the deceased owner jointly owned the property as joint tenants with right of survivorship, tenants by the entirety, or community property with right of survivorship. You did not own jointly own the property with the deceased owner while the deceased owner was alive, but the deceased owner named you to inherit the property through a life estate deed, TOD or beneficiary deed, or lady bird deed. Note: This interview cannot be used to transfer property to you if you are not already listed as a joint owner or named as a beneficiary. If the deceased owner died without naming you to inherit the property—or if the deceased owner named you to inherit the property through a will or a trust—you should speak to an attorney about probate or trust administration. A survivorship affidavit is sometimes called an affidavit of survivorship, affidavit of surviving spouse, affidavit of surviving joint tenant, or affidavit of continuous marriage. These terms all refer to the same instrument. HiddenCalculated Interview VariablesHiddendocument_title Hiddenmerge_data_document Hiddenproduct_router Hiddenproduct_nameThe product name, including the state Hiddenset_state_information_tf Yes No Hiddencounty_term County Parish Borough Hiddencommunity_property_state_tf Yes No Hiddentbe_state_tf Yes No Hiddenjtwros_state_tf Yes No Hiddenele_state_tf Yes No Hiddentod_state_tf Yes No Hiddenindependent_cities_state_tf Yes No Hiddenindexing_instructions_state_tf Yes No Hiddenjudicial_district_state_tf Yes No Hiddenproperty_address_state_tf Yes No Hiddenprior_deed_information_state_tf Yes No Hiddenindexing_instructions_state_tf Yes No Hiddenindexing_instructions_title Hiddenproperty_tax_number_state_tf Yes No Hiddenproperty_tax_number_title Property Tax Number Parcel Identification Number Tax Parcel Number Assessor's Parcel Number Hiddendeed_recording_office Hiddendeed_recording_book_title Hiddenrecording_costs Hiddenfirst_page_margin_statute Hiddenpreparer_information_location Top left (split margin) Above the title (single margin) Below the title (single margin) At the end County InformationEnter the following information about the local jurisdiction where the property is located. County*-Select-Hiddenproperty_county_cy_holdThis temporary holds the county when it is still loading. The property is located:* Within city limits In an unincorporated area include_judicial_district_tf Include judicial district Property Judicial or Recording District*Fill in the blank: The property is in the ____ ___________District. For example, "First Judicial" or "Nineteenth Recording." City or TownIndicate the city, town, or other jurisdiction where the property is located. The answers will be displayed in this format: __________ of __________. For example, "City of Philadephia" or "Town of Fowler."City/Town/Township*CityTownTownship OFCity/Town Name* Deceased Owner InformationEnter the following information about the deceased owner that you want to remove from title. Hiddenlxrl_decedent_type* Individual Hiddenlxrl_decedent_gender_neutral_tf* Yes No Gender* Male Female First Name* Middle Name Last Name* SuffixJr.Sr.IIIIIIVHiddenlxrl_decedent_full_name Date of Death* MM slash DD slash YYYY Death Certificate Issuing State*Select the state or other jurisdiction that issued the death certificate. If the jurisdiction is outside of the United States, select International. AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaInternationalIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingJurisdiction*Enter the full name of the jurisdiction that issued the death certificate by filling in the following blank: The death certificate was issued by the __________________________. For example, use "Commonwealth of Puerto Rico" instead of just "Puerto Rico." Affiant InformationEnter the following information about the person that will sign the affidavit. This person should be a co-owner of the property that survived the deceased owner or someone who inherited the property under a deed that took effect at the deceased owner's death.Hiddenpreparer_type* Individual HiddenAre you an attorney?* Yes No Hiddenpreparer_gender_neutral_tf* Yes No Gender* Male Female First Name* Middle Name Last Name* Name SuffixJr.Sr.IIIIIIVHiddenFirm or Company (Optional) Bar Number (Optional) Is this person the decedent's surviving spouse?* Yes No Date of Marriage* MM slash DD slash YYYY Hiddenpreparer_full_name Legal DescriptionTo be valid, a deed or affidavit must include a legal description. The legal description for the deed or affidavit purposes is not the same as the legal description from the property tax records. You should not use the description from the property tax records as the legal description. Make sure to get the legal description from the prior deed.show_legal _description_explanation Tell me more about legal descriptions How to Find a Legal Description A legal description is a description of real estate that is sufficient to identify it for legal purposes. The best source of the legal description is the prior deed to the property (the deed that conveyed the property to the current owner or owners).To locate the legal description in the prior deed, look for words of introduction like '… described as follows.' This language indicates that the legal description is about to begin. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed. Example of Subdivision (Lot and Block) Legal Description If real estate is located in a subdivision, the legal description may be very simple. It will typically refer to one or more lots, the block (or blocks) on which the lots are located, the subdivision name, and the county and state. Lot and Block Legal Description To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block. Example of Survey (Metes and Bounds) Legal Description A metes and bounds description describes the property by locating it within the public surveying system. The boundaries of the property are described by working around a parcel of real estate in sequence, starting with a point of beginning. The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Here’s an example of a metes and bounds description: Metes and Bounds Legal Description To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds. Select One:* I want to enter a legal description here I will attach the legal description to the affidavit Legal Description*Enter the legal description for the property. To find the legal description, look at the deed that conveyed the property to the current owner. For more information on how to locate and type a legal description, see What is a Legal Description of Real Estate?Hiddenshow_property_address_tf Property Address* Hiddenshow_property_tax_number_tf Property Tax NumberEnter the Property Tax Number used to identify the property for local property tax purposes. It may go by different names, depending on the county. To locate it, look at prior tax statements, the prior deed to the property, or the city or county property tax records. Most counties have online search tools to search the property tax records. Hiddenshow_indexing_instructions_tf Indexing Instructions*Enter the indexing instructions. This information is required in your state in order to follow the chain of title. You can usually copy the indexing instructions from the prior deed. Prior Deed InformationEnter information about the deed that transferred the property to the owner that is currently transferring the property. This information is used to connect the chain of title between owners.Prior Owner Name*Enter the name of the owner that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed. Prior Deed Title*Enter the title of the deed or other instrument that transferred the property to the person that is currently transferring the property. Prior Deed Recording Information*Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38" Prior Deed Recording Date*Enter the date that the prior instrument was recorded. The date would have been stamped on the prior instrument by the clerk at the time that the prior instrument is recorded. MM slash DD slash YYYY Interest ConveyedEnter the following information about the interest conveyed. As a general rule, if all property owners are signing the deed (which is usually recommended), then the deed should convey the entire property. Interest Conveyed*If this document deals with only a partial interest in the property, select "Fractional Interest." Otherwise, select "Entire Interest." Entire Interest Partial Interest Partial Interest*This document relates to an undivided ___ interest in the property (e.g., 1/2, 50 percent). Form of OwnershipAnswer the following questions about the way the affiant acquired the property. Select One:* the decedent and the affiant co-owned the property during the decedent's life and the affiant inherited it through right of survivorship at the decedent's death the affiant did not own the property during the decedent's life, but inherited it through life estate, lady bird, TOD, or beneficiary deed at the decedent's death Form of Co-Ownership* Joint tenants with right of survivorship Tenants by the entirety Community property with right of survivorship show_survivorship_explanation Tell me more about rights of survivorship How to Determine if Property is Owned with Right of Survivorship To determine whether property was held with right of survivorship, look for language in the prior deed to the property (the deed that conveyed the property to the current owners). Three types of deeds include a right of survivorship: Joint Tenancy with Right of Survivorship. A joint tenancy with right of survivorship is a common form of co-ownership in which each owner has a right of survivorship with respect to the other owners. On the death of an owner, the property passes automatically to the surviving owners. The last living owner inherits the entire property. Look for the phrases 'joint tenancy' or 'right of survivorship.'Tenancy by the Entirety.The following states recognize a form of marital co-ownership called 'tenancy by the entirety:' 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, Wyoming. Tenancy by the entirety includes a right of survivorship. Look for the phrase 'tenants by the entirety' or 'tenancy by the entirety.' In many states, simply designating the property as owned by a married couple ('husband and wife,' for example) is enough to create a tenancy by the entirety and is the normal approach. Community Property with Right of Survivorship. There are nine community property states: Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. In these states, property may be held as community property with right of survivorship. This form of marital ownership allows the property to pass to the surviving spouse on the death of the first spouse to die. Look for the phrase 'right of survivorship' in the prior deed or in a separate survivorship or marital property agreement. I am a:* Beneficiary of a TOD Deed or Beneficiary Deed Beneficiary of Life Estate Deed Beneficiary of Lady Bird Deed Document Title*Enter the title of the deed or other instrument that gave you an interest in the property. Look for a title like "Warranty Deed," "Quitclaim Deed," or "Transfer-on-Death Deed." Document Signing Date*Enter the date when the conveyance document was signed. MM slash DD slash YYYY Recording Information (Optional, but Recommended)Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38" Signing Information (Optional)Enter the following information about the place and date of signature. If you are unsure when or where the document will be signed, click Next to skip to the next section. Signing StateSelect the state in which this document will be signed. If unsure, leave blank. AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingHiddenblank signing_county HiddenSigning Jurisdiction– Fill Out Other Fields –HiddenSigning Date MM slash DD slash YYYY Document OptionsThe options below can help further customize your document to meet your preferences. Hiddendocument_storeHiddensource_tf True False Hiddensource_token Hiddenpassthrough_token Hiddenedit_link Routing Options Send to Admin Return to Browser Only Send to Reviewer Send to Other Send to Preparer Add Another Email Select Reviewer– No Results –File Format*PDF files do not require word processing software like Microsoft Word. 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Enter Email Confirm Email the affiant's Address* Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Return recorded documents to different address?The Survivorship Affidavit will be filed (recorded) in the land records. If you would like the recorded Survivorship Affidavit to be returned to an address other than the one listed above, select Yes and enter the address below. Otherwise, select No. Yes No Return-To AddressEnter the name and address where the documents should be returned once they are recordedHiddenlxrl_returnto_type Individual Name* Address* Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country AfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland IslandsFaroe IslandsFijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern TerritoriesGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly SeeHondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea, Democratic People's Republic ofKorea, Republic ofKuwaitKyrgyzstanLao People's Democratic RepublicLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippinesPitcairnPolandPortugalPuerto RicoQatarRomaniaRussian FederationRwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint MartinSaint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwedenSwitzerlandSyria Arab RepublicTaiwanTajikistanTanzania, the United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkmenistanTurks and Caicos IslandsTuvaluTürkiyeUS Minor Outlying IslandsUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaViet NamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands The completed Survivorship Affidavit will be delivered to you by e-mail at 1. If that e-mail address is incorrect, please use the Previous button below to correct the e-mail address before submitting this form. General Details Edit Property Location: Deed Type: Deceased Owner Information Edit Gender: Name: Date of Death: Death Certificate Issuing State: Affiant Information Edit Gender: Name: Is this 's surviving spouse?: No Legal Description Edit Do you want to include a legal description?: Form of Ownership Edit Description: Signing Information Edit Signing State: Unanswered (to be filled in on document at signing) Preparer Information Edit Gender: Name: Email: Address: Attorney? No Different return-to address? No Δ
