Affidavit of Survivorship

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An affidavit of survivorship is a legal document sworn under oath by the surviving owner of jointly owned property stating that they have survivorship rights. Affidavits of survivorship remove deceased owners from title to real estate by recording the person’s death in land records. Fill out this document on Lawrina and download it in PDF without a hassle.
Choose your type of this legal template.
Document Types
Affidavit of Birth
This document is used to provide verified facts regarding the birth of an individual.
Affidavit of Death
This document is used to declare an individual's end officially for various processes.
Affidavit of Domicile
This document proves a person's legal place of residence for tax and inheritance issues.
Affidavit of Gift
This affidavit records the transfer of ownership of an item from a donor to the recipient.
Affidavit of Heirship
This affidavit identifies rightful heirs and ensures an orderly distribution of assets.
Affidavit of Identity
This document verifies the identity of an individual in various legal matters.
Affidavit of Ownership
This document attests to the ownership of tangible and intangible assets.
Affidavit of Residency
This affidavit verifies the home address of the live person or the decedent.
Affidavit of Service
This affidavit confirms a notice has been served during a court proceeding.
Certificate of Trust
This form confirms a trust's existence and details its critical elements.
A general affidavit is often used for affirming the truth of information under oath.
Small Estate Affidavit
This affidavit is used to bypass probate when distributing the decedent's small property.

Template Description

Paper titled "Affidavit of Survivorship", women talking near the house

This template will help you create your own affidavit of survivorship form to use as necessary. Using a template can make the process easier and help to ensure that the parties include the correct information when creating this legal document. With an easy-to-follow step-by-step process, you can quickly and easily create a working affidavit using a customizable affidavit of survivorship template. Once you create the document, you should be able to use it for multiple situations to help avoid a lengthy court process after a loved one has passed away.

What Is an Affidavit of Survivorship Form?

An affidavit of survivorship is a legal document that is generally used by joint owners of property to transfer ownership to only the surviving owner after the death of one of the owners. The surviving owner will need to prove that he or she has full ownership rights over the property. The form can help the surviving owner eliminate the need for long and expensive court proceedings. For example, if two individuals own a small piece of property together and one passes away, the surviving owner may be able to use the form to show proof of now having sole ownership.

The rules for using a survivorship affidavit form vary by state, so it may be helpful to connect with an attorney in your area to ensure the affidavit of survivorship template will work in your state. If you are completing the affidavit of survivorship template as the surviving owner, you may also need to provide additional documentation to show that the transfer is valid. A death certificate will usually be required in these situations. The form may be used on any type of jointly owned assets like bank accounts, vehicles, or real estate. 

Parties of the Affidavit of Survivorship

When someone who jointly owned property with someone else passes away, an affidavit of survivorship may be needed to settle the ownership of the property. 

The parties involved in an affidavit of survivorship are the surviving property owner (affiant) and a notary public. The surviving owner is attempting to become the sole owner of the property after the other owner passed away.

The other owner of the property was the deceased person. This person’s share of the joint property must be legally transferred to the surviving owner. To avoid future issues, it is crucial to prove the identity of the affiant when he or she signs the survivorship affidavit form. For this reason, a notary will also sign the document.

Key Terms

There are a few important terms to know when using an affidavit of survivorship to deal with joint ownership and the transfer of assets. The following are the most common:

  1. Affidavit: A survivor affidavit is a written statement of certain facts that the affiant makes and signs. When you sign an affidavit, you promise under penalty of law that the statements in the affidavit are true. 

  2. Joint tenancy: Joint tenancy is a form of ownership that includes two or more individuals who own a portion of the same property. Generally, when a joint tenant dies, his or her share is automatically transferred to the surviving owners. 

  3. Tenant in common: Tenants in common enjoy a form of co-ownership in which two or more people own property together, but they own separate, distinct shares of the property. For example, a person may own a specific 20-acre section of a 60-acre parcel with two other people. Usually, this type of ownership has no automatic right of survivorship. 

  4. Probate: The probate process is a court process through which a deceased person’s assets and debts are transferred to his or her beneficiaries or heirs. An affidavit of survivorship may help bypass the probate process in specific scenarios. 

  5. Notary public: A notary public is an individual who is authorized to witness signatures. The notary public administers an oath, attesting that the individual signing the document is who he or she claims to be. The signor must present proper identification to the notary public to prove his or her identity before signing.

Other Names for Affidavits of Survivorship

There may be many different names for affidavit examples templates, depending on the state or jurisdiction in which the property is located. Some of the other names for affidavits of survivorship include:

  • Affidavit of Surviving Spouse

  • Survivorship Affidavit

  • Transfer-on-Death Affidavit

  • Joint Tenancy with Right of Survivorship Form

  • Ownership Transfer Affidavit

  • Affidavit of Identity and Survivorship

  • Estate Affidavit

  • Right of Survivorship Agreement Form

If you have found out how to fill out an affidavit of survivorship form, you may hear any of these terms used based on the jurisdiction and even the person. Generally, any of these forms will help to accomplish the same transfer of ownership.

Why Is an Affidavit of Survivorship Form Important?

An affidavit of survivorship form is a legal document that can be very important when transferring joint property and avoiding probate. Probate can be a long, expensive, and invasive process that may take up to a year and a half to complete in extreme cases. When an asset is in probate, it may be difficult to properly maintain. 

In many jurisdictions, an affidavit of survivorship is a clearer and more concise way to transfer property ownership. Many companies will prefer to see an affidavit of survivorship over a probate court letter because they are more specific to the property in question. There are generally fewer disputes over the rightful owner of a property when the surviving owner uses an affidavit of survivorship. 

An affidavit of survivorship form also provides a layer of privacy. During the probate process, the decedent’s financial matters are placed on public record. Using an affidavit of survivorship template helps to keep the matter of transferring the property private, providing more peace of mind. 

Finally, an affidavit of survivorship provides a way for the family and co-owners to honor the deceased owner’s wishes. The affidavit of survivorship allows the surviving owner or owners to have direct ownership rights without needing to involve the probate judge in the transfer. 

What Should Be Included in the Affidavit of Survivorship Form?

When you’re drafting a printable affidavit of survivorship form, there are a few important sections to include in order to make sure the document will serve its purpose. The exact contents required for your affidavit may differ depending on the jurisdiction. Therefore, if you are unsure of what to include, you may want to contact a lawyer in your area. The affidavit of survivorship form template includes the following sections, allowing users to fill them in quickly and easily.

1. Affiant’s Information

After clearly labeling the affidavit of survivorship form using the appropriate title for your jurisdiction, you’ll need to include some basic information about the affiant. This includes identifying information like his or her full legal name, address of legal residence, and phone number. 

2. Description of the Property

In the affidavit of survivorship, be sure to clearly identify the property itself. For example, if it is a piece of real property, include the legal description of the parcel of land or the lot. Generally, this information can be found on the property deed.

3. Ownership of the Property

State how the property is owned, describing the type of co-ownership by all of the property’s owners. This could be either joint tenants or tenants in common. List the name of the deceased co-owner and provide the date of his or her death. This may be proven with a copy of the death certificate.

4. Signatures

The affidavit of survivorship pdf will need to be signed by the affiant in front of a notary public. The notary will then sign and stamp the document. There are some additional terms that may need to be added, including naming the jurisdiction that will govern the document, such as the state and county where the property is located.

Who Needs an Affidavit of Survivorship Form

An affidavit of survivorship form is helpful for any co-owners of property in states where the form may be used effectively. Depending on the state, the affidavit of survivorship form may not be available due to laws affecting ownership. If a co-owner of your property has recently died, you may want to consider using an affidavit of survivorship form to remove his or her ownership interest from the property. This process can be especially important if the surviving owner wants to sell or transfer the property to new owners entirely.

How To Write Affidavit of Survivorship

If you need to use an affidavit of survivorship, you can create your own from scratch using the information above, or you can use free printable affidavits of identity. The form has all the basic required information included to make it easier and quicker for users to adapt the document to their needs. Following the steps below, you can learn how to fill out an affidavit of survivorship independently.

1. Gather All the Necessary Information

Before you begin writing an affidavit of survivorship, you will want to gather all of the information required to write the document. You may want to review a sample affidavit of survivorship for reference. The necessary information includes the names of the co-owners and a legal description of the property. You will also want to research where you can find a notary public to verify your signature on the document.

2. Introduce the Affiant and Provide the Decedent’s Information

On the affidavit of survivorship form, the affiant will need to provide contact information and name his or her relationship to the decedent. It is important to clearly show who made the affidavit of survivorship and who the deceased owner was. The date of death may also need to be included.

3. Write the Property Details, Execution, and Governing Law

Provide information about the property and note how the document is being executed. If you are dealing with real property or land, you must write out the property’s legal description on the affidavit of survivorship form. In the execution section, include the date and the title of the individual signing the document. Finally, to fully complete the affidavit of survivorship, determine which state’s law is applicable. Usually, this is the state in which the property is located. 

4. Invoke Your Survivorship Right

In the affidavit of survivorship, as the surviving owner or co-owner, you must show that you have the full remaining rights to the property. This is shown by proving the type of ownership you had of the property with the deceased owner. Depending on the type of ownership, there may be additional steps to follow. 

5. File the Affidavit of Survivorship With Its Attachments

The last step of using an affidavit of survivorship is to file the document and any supporting documentation with the proper governmental authority. Depending on the jurisdiction, this may be the county register office or probate office. When you file the affidavit of survivorship, you may also have to provide a copy of the death certificate for the deceased owner.

When To Use an Affidavit of Survivorship

An affidavit of survivorship may be used when there is shared ownership interest in property between two or more people. Sometimes, when one or more co-owners die, their share may be automatically passed to the other co-owners. However, an affidavit of survivorship is often needed to show that the co-owner is now the rightful owner of the deceased owner’s share.

Common Use Cases

An affidavit of survivorship is commonly used when two or more people own joint property or other assets. These assets may include bank accounts, vehicles, or real property like land. An affidavit of survivorship form may transfer assets from a deceased spouse to the surviving spouse or between business partners.

When Not To Use the Affidavit of Survivorship

There are some cases when the affidavit of survivorship should not be used. If there is a dispute between the remaining property co-owners or the deceased individual’s estate, the probate process may be better suited to help address these issues. Depending on how the property is owned and the state in which it is located, you may not be able to use an affidavit of survivorship to transfer the property.

Also Read

Frequently Asked Questions

How much does it cost to hire a lawyer to help draft an affidavit of survivorship?

You may hire a lawyer to draft an affidavit of survivorship. Lawyer fees can range from $150 to over $500, depending on the location and the lawyer’s expertise. You can use Lawrina’s customizable affidavit of survivorship template for a fraction of the cost or our printable affidavit of identity. 

What should I do after I have written an affidavit of survivorship?

After you have written an affidavit of survivorship, you will want to proofread the document for accuracy before you sign it in front of a notary public. By signing the affidavit of survivorship, you affirm that everything on the document is true. Once signed, the document should be filed with the appropriate county office.

What are the requirements for notarizing and witnessing an affidavit of survivorship form?

The requirements for notarizing and witnessing an affidavit of survivorship form differ in each jurisdiction. Usually, this document must be signed in front of a notary public and notarized. The notary will verify that the individual signing the document is who he or she claims to be before witnessing the signature, signing, and adding the notary stamp.