50-State Surveys › Affidavit of Surviving Joint Tenant Title-Clearance Requirements by State
Affidavit of Surviving Joint Tenant Title-Clearance Requirements by State
After a joint tenant or tenancy-by-the-entirety owner dies, what instrument and death evidence may or must be recorded to update the public real-property record, who may sign it, what must it contain, and what legal effect does recording have?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-02
What this survey covers
Survivorship may determine ownership automatically at death, but the public land record still needs evidence connecting the deceased owner, the property, and the recorded instrument. States do not use one universal “affidavit of death.” The operative filing may be an affidavit with a certified death record, an official death record plus a supplementary affidavit, a probate-office affidavit, a court certificate, or an administrative county-record instrument.
This survey compares the statewide route for ordinary real property already held with a survivorship feature. It does not decide whether the deed validly created or preserved survivorship, and it does not treat a record-update filing as a deed or a guarantee of marketable title unless current law gives it that effect.
Four different statutory structures
California permits any person to record an affidavit of death based on knowledge of the facts. The affidavit includes a particular property description and an attested or certified public death record; a certified court order determining death is an alternative. Cal. Prob. Code § 210 (current official bulk code accessed 2026-08-02).
Colorado records the death certificate, death-verification document, or certified copy together with a supplementary affidavit sworn or affirmed by an adult with personal knowledge. When no death record can be procured, two disinterested adults provide the alternate affidavit. The recorded materials are prima-facie proof of death. Colo. Rev. Stat. §§ 38-31-102 to -103 (accessed 2026-08-02).
Delaware uses a probate-office filing and a deadline. The personal representative or surviving joint tenant must file within three months after death in the Register of Wills office for the county where the property lies. The affidavit gives a general property description and the surviving owner's name. 12 Del. C. § 1905(e) (accessed 2026-08-02).
Iowa treats the affidavit as a county administrative-record instrument. It lists the affiant, survivor, decedent and death date, legal description, source conveyance, document reference, and requested transfer-book and index update. The statute expressly says the recorded instrument is not a muniment of title. Iowa Code § 558.66 (accessed 2026-08-02).
Outliers the completed table reveals
The finished table confirms that “survivor affidavit” is only one cluster. Vermont expressly permits a noncertified death-certificate copy in municipal land records to establish an owner's death date, while denying that copy prima-facie evidentiary status. 18 V.S.A. § 5016(c)(2) (accessed 2026-08-03). Wyoming instead prescribes a detailed sworn affidavit with a certified official death record and keeps an independent court decree route. Wyo. Stat. Ann. §§ 2-9-101 to -103 (accessed 2026-08-03).
Some jurisdictions do not use an affidavit at all. The District of Columbia Recorder of Deeds requires a newly drafted deed, Form FP-7/C, a death-certificate copy, and the recorded prior deed for a surviving-tenant title transfer. D.C. Office of Tax and Revenue, Recorder of Deeds FAQs (accessed 2026-08-03). Alaska abolishes ordinary real-property joint tenancy, retains spousal survivorship forms, and supplies only a general certified-governmental-document recording route rather than a special survivor affidavit. Alaska Stat. §§ 34.15.130- .140 and Alaska Stat. § 40.17.030 (accessed 2026-08-03).
These outliers are why the table separates instrument, signer, contents, death evidence, companion filing, and effect. A packet that gets one column right can still be unusable because it selects the wrong office, omits an auditor or tax form, converts a permissive filing into a mandate, or promises title effect the statute does not give.
How to read the table
Start with the covered ownership form and instrument. A route written for joint tenancy may not cover ordinary community property, a trust, a transfer-on-death deed, or a life estate.
Then compare the filer, contents, death evidence, and execution columns. They show whether a surviving owner must sign, whether any knowledgeable person may act, whether witnesses must be disinterested, and how the property and creating instrument must be identified.
Finally, check the filing office, companion filing, and legal effect. A recorder, auditor, assessor, and probate office perform different jobs. “Accepted for recording,” “prima-facie proof,” “updates the transfer books,” and “not a muniment of title” are different legal outcomes and should not be collapsed into one claim.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
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| State | Covered survivorship title | Instrument or filing | Who may sign or file | Required contents | Death evidence | Execution formalities | Office and deadline | Statewide companion filings | Recording effect |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-03 | Express joint tenancy with right of survivorship or equivalent creating-instrument language; without it, the deceased interest does not pass to the other joint tenants (§ 35-4-7) |
Permitted general affidavit stating a fact or circumstance affecting land title or an interest, lien, or encumbrance; no survivor-specific statewide form (§ 35-4-69) |
Any person may make the affidavit, whether connected with the chain of title or not; the probate judge files and records it when offered (§§ 35-4-69, -71) |
A title-affecting fact or circumstance must be recited; §§ 35-4-69 to -71 prescribe no survivor-specific decedent, death-date, legal-description, parcel, deed-reference, or no-severance fields |
No original or certified death-certificate attachment is prescribed by §§ 35-4-69 to -71; death may be stated as a fact affecting the survivorship title |
The instrument must be an affidavit; §§ 35-4-69 to -71 prescribe no witness count, survivor-only oath form, personal-knowledge qualification, or special acknowledgment |
Probate judge of the county where offered; recorded and indexed in the deed records as land conveyances are. No post-death deadline in §§ 35-4-69 to -71 |
No statewide death record, tax affidavit, ownership report, or other companion filing is prescribed by §§ 35-4-69 to -71; recording compensation is the same as for a land deed |
Record is notice of the recited facts (§ 35-4-69). Conditional litigation use supplies prima-facie proof only when the maker is deceased, nonresident, unavailable at an unknown residence, or too old, infirm, or sick to attend (§ 35-4-70) |
| Alaska verified 2026-08-03 | Tenancy by the entirety with survivorship and survivorship community property; ordinary real-property joint tenancy is abolished (Alaska Stat. §§ 34.15.130-.140, 34.77.110(e)) |
No special statewide survivor affidavit; a certified governmental death-record copy is generally recordable under § 40.17.030(b) |
No survivor, personal-representative, knowledgeable-person, or other affidavit signer/filer class; route uses the certified official document |
For the certified copy: legible, return address, recording district, and fee; no statutory survivor, property, legal-description, vesting-deed, or requested-update recital (§ 40.17.030(b)) |
Certified copy of an official governmental death record may be recorded; no attachment to a survivor affidavit is prescribed (§ 40.17.030(b)) |
No survivor signature, oath, acknowledgment, witnesses, perjury declaration, or personal-knowledge rule; certified official copy need meet only § 40.17.030(a)(2), (7), (9), and (10) |
Designated recording place for the recording district where affected property is located; no post-death statutory deadline (§§ 40.17.080(a), 40.17.900(7)) |
No survivorship-specific statewide tax or ownership-report companion in the surveyed provisions |
Constructive notice of the recorded document's contents to later purchasers and security-interest holders; no survivor-affidavit-specific vesting or conclusive-title effect (§ 40.17.080(a)) |
| Arizona verified 2026-08-03 | Express joint tenancy with right of survivorship (§ 33-431(B), (F)). Arizona also recognizes community property with right of survivorship, but subsection (F)'s post-death affidavit route is written only for a deceased joint tenant (§ 33-431(C)) |
Permitted, not mandatory: record both a surviving-joint-tenant affidavit and an attached death certificate (§ 33-431(F)) |
One or more surviving joint tenants execute the affidavit; § 33-431(F) does not separately restrict who may present it for recording |
Deceased joint tenant's name, date and cause of death; creating instrument, its recording date, and book/page or instrument reference; legal description (§ 33-431(F)(1)) |
Attached death certificate; § 33-431(F)(2) does not say certified copy |
Executed by one or more surviving joint tenants and acknowledged for lawful recording (§§ 33-411(B), 33-431(F)(1)); no witness, personal-knowledge recital, or separately stated oath appears in subsection (F) |
County recorder in each county where the real property is located; § 33-431(F) states no post-death deadline |
No additional statewide companion filing is prescribed in § 33-431(F); its two-item package is the affidavit and attached death certificate |
Evidence that death terminated or extinguished the deceased tenant's joint-tenancy survivorship interest; lawful recording gives notice of the instrument's contents (§§ 33-411(A), 33-431(F)) |
| Arkansas verified 2026-08-03 | Express joint tenancy with right of survivorship (Ark. Code Ann. § 18-12-106); tenancy in common is the default unless joint tenancy is expressly declared (§ 18-12-603); the 120-hour co-owner rule may control (§ 28-10-204) |
No survivor-specific statewide affidavit or death-certificate recording route in the current property, probate, recorder, or transfer-tax schemes. General land-affidavit recordability does not create one (§ 14-15-402) |
No statutory survivor-affiant or filer class. The general recording provisions do not designate a surviving owner, personal representative, knowledgeable person, or other signer |
No survivor-specific fields. A generally recordable document must carry its title and grantor/grantee names when applicable; a title-affecting instrument ordinarily carries a preparer name/address, but a death certificate is exempt from that preparer rule (§§ 14-15-402 to -403) |
Certified or authenticated death certificate is prima-facie evidence of the fact, place, date, and time of death and the decedent's identity (§ 28-10-205); no survivor statute requires attachment or land-record recording |
No survivor-specific oath, acknowledgment, notary, witness, or personal-knowledge rule. A generally authorized land affidavit must be proved or acknowledged according to law (§ 14-15-402) |
No survivor-specific office or post-death deadline. General qualifying title instruments are filed with the county recorder for the proper county (§ 14-15-404) |
No survivor-specific statewide tax, assessor, or ownership-report companion is prescribed in the reviewed schemes; the general transfer-tax chapter does not classify or create a survivor affidavit |
No survivor-specific vesting, indexing, or evidentiary effect. Section 14-15-404 gives constructive notice only to a qualifying title-affecting instrument; § 28-10-205 gives a death certificate prima-facie evidence status without a land-record effect |
| California verified 2026-08-02 | Broad route for any real-property title affected by death; § 210 does not limit it to a named co-ownership form. Section 683(a) defines a joint interest as equal-share ownership by two or more people |
Either (1) an affidavit of death with the required death record or (2) a certified court order determining death (Prob. Code § 210) |
Any person may record; the affidavit must be executed by a person having knowledge of the facts. The court-order route has no signer requirement in § 210 |
Affidavit must particularly describe the real property and include the attested or certified public death record; § 210 states no survivor, deed-reference, or APN field |
Attested or certified copy of a death record made and filed in a designated public office; alternatively, a certified court order determining death (Prob. Code § 210) |
Affiant must know the facts; execution must be acknowledged and the acknowledgment certified for recording. No oath, perjury declaration, witness, or jurat appears in §§ 210 or 27287 |
Record in the county where the real property is located; § 210 states no deadline. Separate death-transfer ownership statement generally due within 150 days (§ 480(b), (e)) |
Transferee generally files a signed change-in-ownership statement with recorder or assessor within 150 days after death. A preliminary report may accompany recording; omission may add $20 but cannot stop recording (§§ 480, 480.3) |
Records a document establishing the fact of death where title is affected; § 210 does not call the filing a conveyance or make it conclusive title proof |
| Colorado verified 2026-08-03 | Joint tenancy; a purported Colorado tenancy by the entirety is treated as joint tenancy (§ 38-31-201). The same proof route covers life tenants, beneficiary-deed owners, and other people whose recorded real-property interest ends at death (§§ 38-31-102 to -103) |
Permitted primary route: death certificate, verification-of-death document, or certified copy plus supplementary affidavit (§ 38-31-102). If none can be procured: standalone two-or-more-person affidavit (§ 38-31-103) |
Primary affidavit: any person of legal age with personal knowledge; survivor status is not required. Fallback: 2 or more people of legal age with personal knowledge and no record interest in the affected real property (§§ 38-31-102 to -103) |
Primary affidavit: legal description and statement that the person in the death record is the same person named in a specific recorded deed or similar joint-tenancy instrument. Fallback: death-record unavailability and reason, legal description, death date and place, and decedent's joint-tenancy ownership at death |
Certificate of death, verification-of-death document, or certified copy (§ 38-31-102); if none can be procured, the § 38-31-103 affidavit substitutes. Section 38-35-112 says statutory death proof is nonexclusive |
Primary affidavit properly sworn or affirmed by 1 person of legal age with personal knowledge. Fallback properly sworn or affirmed by 2 or more legal-age, knowledgeable people with no record interest. No separate statutory witness requirement beyond those fallback affiants |
County clerk and recorder in the county where the affected real property is located; §§ 38-31-102 and 38-31-103 state no post-death filing deadline |
Claim the death-transfer exemption from Colorado's documentary fee when offering the instrument (§ 39-13-104(1)(m), (2)). No statewide Real Property Transfer Declaration: Article 14 requires it only for a fee-imposed 'conveyance document' (§§ 39-14-101 to -102) |
Joint-tenant interest terminates at death (§ 38-31-101(6)(c)). Primary package is prima-facie proof of death; fallback affidavit is prima-facie proof of death and its date/place (§§ 38-31-102 to -103). The statutes do not make the filing a conveyance or conclusive title proof |
| Connecticut verified 2026-08-03 | § 47-14a recognizes specified survivorship conveyances, joint tenancy with right of survivorship, and tenancy by the entirety; the general § 47-12a affidavit reaches facts affecting any Connecticut real-estate title or interest |
Permitted: general affidavit of title facts (§ 47-12a). Separately mandatory if an estate fiduciary qualifies: written death/appointment certificate (§ 45a-322). No modern survivor-specific probate tax certificate |
§ 47-12a affidavit: any person having knowledge of the facts or competent to testify about them in court. § 45a-322 certificate: the decedent's qualified estate fiduciary |
Affidavit: land description and name of the person appearing by record as owner; death, identity, relationship, marital status, and an event terminating an interest are permitted subjects (§ 47-12a). Fiduciary certificate: death fact/date, last dwelling place, and whether a will was left (§ 45a-322) |
Neither modern section requires an original or certified death record attachment. Death may be stated in the § 47-12a affidavit; the § 45a-322 filing is the fiduciary's written certificate stating death and date |
Section 47-12a calls for an affidavit by the knowledgeable/competent person; § 1-24 identifies officers who may administer oaths. Section 47-12a states no separate witness or acknowledgment rule; § 45a-322 states no oath, witness, or acknowledgment for the fiduciary certificate |
Town land records where the real estate lies. No filing deadline for the § 47-12a affidavit; the fiduciary must lodge the § 45a-322 certificate in each applicable town within 2 months after qualifying |
No modern statewide tax companion in §§ 47-12a or 45a-322. The § 12-363 probate tax certificate applies only within Chapter 216's limited pre-2005 succession-tax estates (§ 12-340(a)) |
Town clerk indexes the § 47-12a affidavit under the record owner; its facts become prima-facie evidence in a title action only if the affiant is dead or otherwise unavailable. Section 45a-322 requires recording but states no independent conveyance or title effect |
| Delaware verified 2026-08-03 | Joint ownership with right of survivorship and tenancy by the entireties with the decedent (12 Del. C. § 1905(e)) |
Mandatory affidavit filed after the survivorship or entireties property passes (§ 1905(e)) |
Decedent's personal representative or surviving joint tenant (§ 1905(e)) |
General description of the real estate and name of the surviving owner; no parcel ID, full legal description, vesting-deed reference, death date/place, or no-severance recital stated (§ 1905(e)) |
No death certificate or court order required by § 1905(e); no certified/exemplified out-of-state copy or foreign-probate-status certification is needed to remove the decedent |
Affidavit required; § 1905(e) states no added oath wording, acknowledgment, witness count, perjury declaration, or personal-knowledge rule |
Register of Wills for county where real property is located, within 3 months after death (§ 1905(e)) |
No separate survivor tax filing named; Register notes estate-tax status and later discharge in the Inheritance and Succession Docket when applicable (§ 1912(b)) |
Register records and indexes the affidavit in the Inheritance and Succession Docket; statute describes filing as the route to remove decedent from survivorship/entireties title (§§ 1905(e), 1912) |
| District of Columbia verified 2026-08-03 | Joint tenancy expressly declared in the creating instrument and tenancy by the entirety for spouses or domestic partners (D.C. Code §§ 19-501(1), 42-516(a), (c)) |
Recorder requires newly drafted deed, Form FP-7/C, death-certificate copy, and recorded prior-deed copy; no survivor affidavit (OTR ROD FAQs) |
No affiant; deed grantor signs/seals, all deed parties execute FP-7/C, and transferee records a deed that transfers legal title (§§ 42-306(b), 42-1103(b)(1), 47-1431(a)) |
No survivor-specific recital list; packet includes recorded prior deed, and a legal-title-transfer deed must include the property's lot and square number (§ 47-1431(a)) |
Copy of death certificate; Recorder's FAQ does not say certified, original, attached, or separately recorded |
Deed signed and sealed by grantor and fully acknowledged; no survivor oath, jurat, witness, perjury declaration, or personal-knowledge rule (§§ 42-306(b), 42-401, 47-1431(a)) |
D.C. Recorder of Deeds; no post-death clock, but deed transferring legal title must be recorded within 30 days after execution (§ 47-1431(a)) |
Form FP-7/C required with the deed; return executed by all deed parties (D.C. Code § 42-1103(b)(1); OTR ROD FAQs) |
A conveying deed affects creditors, later good-faith purchasers and mortgagees without notice, and others interested only from delivery to the Recorder; FAQ gives no independent title effect to the death-certificate copy (§ 42-401) |
| Florida verified 2026-08-02 | Express joint tenancy with survivorship; tenancy by the entirety is the statutory exception to the tenancy-in-common presumption (§ 689.15). Death-certificate recordability is not title-form limited (§ 28.222) |
Certified death certificate may be recorded; no statewide survivor affidavit is required or prescribed (§ 28.222(3)(g)) |
No affiant or filer class; clerk records a qualifying certified copy when presented and fees are paid (§ 28.222(3)) |
The certified certificate itself; Florida-issued copy excludes information confidential under § 382.008. No property description, deed reference, survivor recital, or APN required by § 28.222(3)(g) |
Certified Florida Department of Health death certificate with confidential data excluded, or certified copy from another state whether or not excluded (§ 28.222(3)(g)) |
No signature, oath, acknowledgment, witnesses, or notary for the certified-certificate route. A separately recorded real-property affidavit would need acknowledgment or proof under § 695.03 |
Clerk of the circuit court as county recorder, in Official Records; no deadline or express property-county direction for the certificate in §§ 28.222 or 695.11 |
Conditional estate-tax affidavit may be recorded under § 198.32(2), but subsection (3) removes the affidavit and lien for qualifying post-2004 estates; not a universal death-record companion |
When officially numbered, notice to all persons; Official Records remain public. Statutes do not call the certificate a conveyance or conclusive title proof (§§ 28.222(7), 695.11) |
| Georgia verified 2026-08-02 | Land held under an express joint interest with survivorship created under § 44-6-190; the affidavit route in § 44-2-20 applies generally to facts affecting land title |
Permitted general land-title affidavit reciting the fact or date of death and other title facts; no specialized or mandatory survivor affidavit (§ 44-2-20) |
Any person may make the affidavit, whether connected with the chain of title or not (§ 44-2-20(a)) |
For death notice, recite the fact or date of death and the relevant title facts; caption the current owner and a deed or other recorded chain-of-title instrument; place the return recipient's name and mailing address at the top (§§ 44-2-20, 44-2-14(b)) |
The cited provisions require no attached or separately recorded death certificate; § 44-2-20(a)(6) permits the affidavit itself to state the fact or date of death |
Affidavit upon oath or affirmation; an in-state recordable instrument must be original and attested or acknowledged as provided by law. A notary may witness the affidavit and must confirm the oath taker's identity; § 44-2-20 adds no personal-knowledge formula or unofficial witness |
File with the clerk of superior court in the county where the land is located; no post-death deadline stated (§ 44-2-20(c)) |
No survivorship-specific tax declaration, ownership report, or other companion filing is named in the cited affidavit and recording provisions |
Recorded affidavit gives notice of the recited facts; the clerk cross-references the cited instrument and indexes the purported owner in both grantor and grantee indexes. The statute does not make the affidavit conclusive title proof |
| Hawaii verified 2026-08-03 | Land grants to multiple owners default to tenancy in common unless the instrument manifestly creates joint tenancy or tenancy by the entirety; § 509-2 validates express joint-tenancy and entireties creation (§§ 509-1, -2) |
Regular System: acknowledged affidavit may be recorded; Bureau expressly confirms spouse-death use, but no statutory form. Land Court: § 501-196 petition and recorded court order, not affidavit-only alteration |
Regular affidavit: no special statutory affiant class; executing person acknowledges the instrument (§ 502-41). Land Court: any registered owner or other person in interest may petition (§ 501-196) |
Regular affidavit: no statewide statutory death, survivor, deed-reference, legal-description, or no-severance list. Land Court petition states a ground such as terminated interests or newly arisen interests; notice goes to all interested parties (§ 501-196) |
No certified-death-certificate or court-death-order requirement stated in §§ 502-41, 502-81, or 501-196; Land Court may impose terms and conditions in its order |
Regular affidavit or other instrument must carry a qualifying acknowledgment, or proof and certification (§§ 502-41, -81). Land Court uses a court petition and recorded order; § 501-196 states no affidavit, witness, or notary rule |
Regular System: statewide Bureau of Conveyances. Land Court: petition in the original registration case; court order recorded with assistant registrar. No post-death deadline in §§ 501-196 or 502-81 |
No statewide survivorship-specific tax, ownership-report, or other companion filing required by §§ 501-196, 502-41, or 502-81 |
Regular acknowledged instrument may be read in evidence without further proof (§ 502-81); recording does not adjudicate title. Land Court may order a new certificate or entry/cancellation of a memorandum (§ 501-196) |
| Idaho verified 2026-08-03 | General route for death facts concerning any person named in a recorded instrument affecting real-property title; includes a properly created joint interest or community property expressly held with right of survivorship (§§ 55-104, 55-508, 15-6-401) |
Permitted affidavit setting forth facts showing or explaining the date of death (§ 55-816); Idaho prescribes no special statewide survivor-affidavit form |
No special survivor, spouse, personal-representative, or interested-person class in § 55-816; the person executing the affidavit acknowledges it for recording (§ 55-805) |
Date-of-death facts concerning a person mentioned in a recorded instrument affecting title; § 55-816 states no mandatory survivor identity, vesting deed reference, legal description, parcel number, or no-severance recital |
No death certificate, certified copy, attachment, or court order required by § 55-816; the operative recorded instrument is the affidavit |
Affidavit execution must be acknowledged before recording unless another law expressly provides otherwise (§ 55-805); no witness, personal-knowledge, or penalty-of-perjury clause stated in § 55-816 |
County recorder in the county where the affected real property lies; no statewide post-death deadline (§§ 55-808, 55-816) |
No statewide tax, transfer, ownership-report, or death-certificate companion filing required by §§ 55-801, 55-805, 55-808, or 55-816 |
Recorded affidavit becomes part of the property's record of title and may be received in evidence in title matters by Idaho courts, boards, and officers (§ 55-816) |
| Illinois verified 2026-08-02 | Express joint tenancy or other declared right-of-survivorship estate (§§ 1, 1b); tenancy by the entirety for qualifying spousal homestead property, with the survivor retaining the entire estate (§ 1c) |
No prescribed statewide death affidavit. General title-affecting instrument records under 765 ILCS 5/28; § 3-5022 separately recognizes a death-certificate exception to the preparer-identification rule |
No signer or filer class prescribed for an ordinary survivorship instrument in the surveyed Joint Tenancy, recording, and recorder provisions |
No survivorship-specific recitals. A title-affecting instrument must legibly state its preparer's name and address; court papers, wills, death certificates, and instruments executed or acknowledged outside Illinois are excepted (55 ILCS 5/3-5022) |
No certified-copy or attachment mandate in the surveyed provisions; a death certificate is expressly exempt from § 3-5022's preparer-identification rule |
No survivorship-specific oath, jurat, acknowledgment, witness, or personal-knowledge rule. Filing gives notice even if the writing is not acknowledged or proved, but execution then must be proved before it may be read as evidence (§ 31) |
Recorder in the county where the land lies; no statewide post-death deadline in the surveyed provisions (765 ILCS 5/28; 55 ILCS 5/3-5022) |
No survivorship-specific companion filing in the cited provisions. Section 31-45(e) concerns deeds or trust documents with consideration under $100; it is not an express operation-of-law exemption |
Notice to subsequent purchasers and creditors from filing; not statutory proof of the writing's execution or conclusive proof of its factual assertions (765 ILCS 5/31) |
| Indiana verified 2026-08-03 | General death-fact affidavit is not limited to a named ownership form; the creating instrument must independently supply survivorship. Express joint tenancy is recognized by § 32-17-2-1(c), and § 32-17-3-1(c) covers spouses' purchase or lease-option contract rights |
Permitted general affidavit concerning the death of a party named in an instrument affecting real property; recorded in miscellaneous records (§ 36-2-11-19(a)) |
No survivor-only or other specified affiant class for a death affidavit in § 36-2-11-19(a)(1); the county recorder records a qualifying affidavit when presented |
Must concern the death of a party named in an instrument affecting real property; no survivor-specific legal-description, deed-reference, vesting, or no-severance fields in § 36-2-11-19 |
No original or certified death-certificate attachment is prescribed by § 36-2-11-19; the general recording statutes exempt a death certificate itself from several instrument rules but do not make it an affidavit attachment (§§ 36-2-11-15(a), -16(a), -16.5(a)) |
General recordability requires consistent execution names and acknowledgment or proof complying with IC 33-42, plus the statutory page, margin, paper, ink, and type rules (§§ 36-2-11-16(c), -16.5(b)); no witness count is prescribed |
County recorder where the property is located, in miscellaneous records; § 36-2-11-19 states no post-death deadline |
No companion filing prescribed by § 36-2-11-19. The auditor-endorsed 'affidavit of transfer to real estate' in § 36-2-11-14 is the separate manufactured-home instrument governed by §§ 9-17-6-15.1 to -15.5 |
Admissible in a proceeding affecting the real property and prima-facie evidence of the affidavit's facts and circumstances (§ 36-2-11-19(b)); not a statutory conveyance or conclusive title ruling |
| Iowa verified 2026-08-03 | Surviving joint tenant and owner of a remainder interest after a life tenant's death (§ 558.66(3)(b)). Current § 557.15 recognizes specified presumptive joint-tenancy-with-survivorship conveyances |
Recorder-accepted affidavit for updating county transfer books and index when no conveyance occurred (§ 558.66); life-estate termination also requires a change-of-title or tax-purpose affidavit instrument (§ 558.44(4)) |
Affidavit may be of or on behalf of the surviving joint tenant or remainder owner; it must name the affiant (§ 558.66(3)(b)). Life-estate tax instrument: surviving holder or successor in interest (§ 558.44(4)) |
Affiant; survivor/remainder owner whose name should appear; deceased joint/life tenant and death date; legal description; description and filing/recording date of creating conveyance; document reference number if applicable; request for auditor update (§ 558.66(3)(b)) |
Decedent's name and date of death must be stated. Section 558.66 does not require an original, certified, or attached death certificate or other death record |
Affidavit; Iowa Code § 558.42 exempts affidavits from the deed-style acknowledgment prerequisite. Section 558.66 states no witness or personal-knowledge recital and supplies no separate jurat wording |
File with county recorder; auditor updates transfer books and index after statutory requirements are met (§ 558.66). No post-death deadline stated; § 558.44(4) directs delivery of a life-estate tax instrument upon termination |
Life estate only: surviving holder or successor must prepare a change of title or affidavit for tax purposes and deliver it to each parcel's county recorder (§ 558.44(4)). No parallel joint-tenancy tax companion stated |
Administrative ownership update in county transfer books and index; § 558.66(4) expressly says the recorded instrument is not a muniment of title |
| Kansas verified 2026-08-03 | Direct record route: real property held in joint tenancy (K.S.A. 58-501). Court route: joint tenancy or life estate when the decedent left no property or estate under administration (K.S.A. 59-2286) |
Record an official death certificate or responsible-person affidavit of death when no probate administration exists (§ 58-501). Alternate court petition and decree determines death, termination, and devolution (§ 59-2286) |
Affidavit: a responsible person who knows the facts (§ 58-501). Court petition: remainderman, survivor, or anyone claiming through either; petition may be sworn by petitioner, agent, or attorney (§ 59-2286(a)) |
Affidavit route states no fixed fields beyond death facts and knowledgeable affiant. Court petition alleges the estate/joint tenancy and death, describes property, and lists known heirs, devisees, legatees, and other known claimants with addresses (§ 59-2286(a)) |
Certified letters if estate is administered; otherwise an official certificate establishing death OR a responsible-person affidavit of death (§ 58-501). Court hears evidence and proof of death (§ 59-2286(d)) |
Affidavit must be from a responsible person who knows the facts; § 58-501 states no witness count or separate acknowledgment form. Court petition is sworn by petitioner, agent, or attorney (§ 59-2286(a)) |
Death certificate/affidavit: register of deeds in county where land lies, with no post-death clock (§ 58-501). Court petition: district court where land or part lies or decedent resided; hearing at least 10 days after order; decree appeal period 30 days (§ 59-2286) |
No statewide tax, assessor, ownership-report, or other companion filing stated in §§ 58-501 or 59-2286 |
Certificate/affidavit is prima-facie evidence of death (§ 58-501). Unappealed court decree conclusively determines stated facts for good-faith purchasers, encumbrancers, and lienors relying on it after 30 days (§ 59-2286(d)) |
| Kentucky verified 2026-08-03 | Express survivorship shown by the creating instrument for joint tenants (KRS 381.130(1)); spouses may hold an expressly created entirety with survivorship (KRS 381.050) |
No survivor-specific statewide instrument in current KRS Chapters 381-382. The KRS 382.120 affidavit of descent applies only when title passed to heirs by intestate descent before a later deed |
No statutory survivor-affiant or filer class. KRS 382.120's separate descent affidavit may be made by a grantor, grantee, agent or attorney, an heir or next of kin, or two knowledgeable Kentucky residents |
No survivor-form fields prescribed. KRS 382.120 instead requires ancestor, death, marriage, residence, intestacy, heir, relationship, address, and inherited-interest facts for an affidavit of descent |
No original or certified death-certificate attachment prescribed for survivorship title in Chapters 381-382; KRS 382.120 requires a death date in the distinct descent affidavit |
No statewide survivor-affidavit oath, acknowledgment, notary, witness, or personal-knowledge rule. KRS 382.130 governs deeds, not a newly created survivor affidavit |
No survivor filing office or post-death deadline. KRS 382.120 files the separate descent affidavit with the county clerk where the property lies, at or before the heirs' deed is filed |
No statewide companion tax or ownership filing prescribed for a survivor affidavit; KRS 382.120 is not a companion to survivorship title |
The creating instrument controls the survivor's ownership under KRS 381.130; no Kentucky statute gives a survivor affidavit independent notice, evidentiary, indexing, or title effect. A descent affidavit is indexed from ancestor to heirs (§ 382.120(2)) |
| Louisiana verified 2026-08-03 | No statutory survivorship co-ownership form for Louisiana immovables. Co-owners hold in indivision (art. 797); death-effective dispositions must be testamentary (art. 1570), and the estate passes to successors (art. 935) |
No surviving-joint-tenant affidavit. Ordinary route is a succession judgment of possession (C.C.P. art. 3061); a qualifying intestate small succession may use the distinct heir affidavit in arts. 3432 and 3434 |
N/A for a survivor-only route. Article 3432's small-succession affidavit uses at least two persons including the surviving spouse, if any, and one or more heirs; special rules apply when there is no spouse or only one heir |
N/A for a survivor affidavit. Article 3432 instead requires succession facts: death and domicile, intestacy, marital and heir data, property and value, inherited shares, acceptance, and a perjury affirmation |
No survivor-route death-certificate requirement because no such route exists. Article 3432 requires the date of death and domicile but does not prescribe a death-certificate attachment |
N/A for a survivor affidavit. A qualifying Article 3432 small-succession affidavit is duly sworn before an officer or person authorized to administer oaths and uses the statutory signer classes |
No survivor filing office or deadline. If Article 3432 reaches an immovable, the affidavit or certified copy is recorded in the conveyance records of the parish where the property is situated (art. 3434(C)) |
No statewide companion filing for a nonexistent survivor affidavit; succession, tax, and court filings depend on the applicable succession route and are outside this title-clearance instrument |
No automatic vesting in the surviving co-owner. Universal successors acquire the estate at death (art. 935); a judgment sends heirs or legatees into possession, while a recorded small-succession affidavit is prima-facie evidence of the stated succession rights (arts. 3061, 3434(C)) |
| Maine verified 2026-08-03 | Express joint tenancy or right of survivorship, including a deed using 'as tenants by the entirety'; otherwise multiple owners take in common (33 M.R.S. § 159) |
No specific statewide survivor affidavit or death-certificate instrument for ordinary survivorship property in current Title 33 |
No statutory survivor, personal-representative, knowledgeable-person, or other signer class for an ordinary post-death title record |
No statewide decedent, survivor, death, property, legal-description, vesting-deed, recording-reference, or requested-update list |
No original, certified, attested, or attached death-record requirement for ordinary joint tenancy in current Title 33 |
No special affidavit oath, perjury declaration, witness, or personal-knowledge rule; a written instrument offered for recording generally must be acknowledged (33 M.R.S. § 203) |
No statewide ordinary post-death filing or deadline; any accepted written instrument is recorded through a registry of deeds (33 M.R.S. §§ 203, 654) |
No survivorship-specific statewide tax or ownership-report companion required by 33 M.R.S. §§ 159, 203, or 654 |
The original deed creates the joint tenancy and its survivorship incidents; no ordinary affidavit-specific presumption, notice rule, transfer effect, or conclusive-title effect |
| Maryland verified 2026-08-03 | No special title-clearance route. A deed, will, or other instrument creates joint tenancy only if it expressly says so (Real Prop. § 2-117); the ordinary deed and tax-record processes do not cure missing or severed survivorship |
No prescribed survivor affidavit or death-certificate-only land-record update. To change deed information, Maryland Courts guidance says a new deed is required; ordinary deed recording is governed by Real Prop. §§ 3-101 and 3-104 |
No statutory survivor-affiant class. The signer and filer depend on the ordinary deed used to change the land record; inheritance-tax reports are filed by the personal representative or, without administration, the person receiving the property (Tax-Gen. §§ 7-224, 7-225(d)) |
No survivor-affidavit fields. A replacement deed follows ordinary Maryland deed and recordation rules; the conditional Information Report identifies nonexempt jointly owned property, joint owner, relationship, nature, and value |
Death certificate alone does not change the deed. Official land-record guidance says a copy may be used to remove the deceased name from tax bills without changing the deed |
No survivor-affidavit oath, notary, or witness rule because no such statewide instrument is prescribed. Any new deed uses the ordinary deed-execution route, outside this survey |
No post-death land-record affidavit deadline. Any new deed is recorded with the circuit court clerk; inheritance-tax report or inventory generally is due to the Register of Wills within 3 months of letters or death (§§ 7-224, 7-225) |
Conditional inheritance-tax reporting: joint interests are property passing from the decedent (§ 7-201(d)(1)(ii)); formal administration uses the sworn 3-month Information Report (§ 7-224), while a recipient without administration files a 3-month inventory with the register where the real property lies (§ 7-225(d)). Form RW1124 excludes joint owners exempt under § 7-203 |
A replacement deed changes the land record under ordinary law; a death-certificate copy may update the tax bill but does not change the recorded deed. No survivor affidavit receives a statutory notice, evidentiary, or title effect |
| Massachusetts verified 2026-08-16 | Recorded-land death statement applies whenever a person's death date relates or purports to relate to title (§ 183:5A). Registered-land route expressly covers surviving joint tenants and tenants by the entirety; § 184:7 governs express joint-tenancy language |
Recorded land: sworn death-date statement under § 183:5A, or broader personal-knowledge affidavit with attorney certificate under § 183:5B. Registered land: certified death certificate; entirety adds affidavit of no divorce |
Section 183:5A does not name a survivor-only affiant. Section 183:5B permits a person claiming personal knowledge, with a separate attorney certificate. Registered-land death-certificate route has no survivor-affidavit signer |
§ 183:5A statement gives the death date and relates it to land title. § 183:5B affidavit states personal-knowledge title facts and includes an attorney's relevance/chain-of-title certificate. Registered-land entirety route adds a no-divorce statement |
Recorded land: sworn death-date statement; §§ 183:5A and 5B do not require an attached death certificate. A certified/authenticated death certificate is prima-facie death evidence (§ 190B:1-107). Registered land requires a certified Certificate of Death |
§ 183:5A statement must be sworn before an officer authorized to administer oaths. § 183:5B requires claimed personal knowledge and attorney certification. Land Court supplies sworn, perjury-signed, notarized no-divorce examples |
Recorded land: registry of deeds for the county where any part of the land lies. Registered land: appropriate Registry District. No post-death deadline appears in §§ 183:5A-5B or the current Method 1 guidance |
Registered tenancy by the entirety requires an affidavit of no divorce with the certified death certificate. The surveyed provisions prescribe no separate statewide tax filing |
Recorded § 183:5A statement is admissible evidence supporting title. Certified/authenticated death certificate is prima-facie evidence of death facts. Registered documents note death on the certificate and let survivors deal with the property without a new certificate or Land Court approval |
| Michigan verified 2026-08-02 | General affidavit route for a death or other event terminating any real-property estate or interest; later-conveyance death-proof rule expressly covers joint tenants and tenants by the entirety (§§ 565.451a, 565.48) |
Permitted general affidavit stating death or the terminating event; no mandatory survivor-only affidavit. Separate recorded death proof becomes mandatory before or with a later survivor conveyance (§§ 565.451a, 565.48) |
Any person with knowledge of the facts who is competent to testify about them in open court may make and record the affidavit (§ 565.451a) |
State the death or terminating-event facts and describe the affected land; the description may incorporate a full recorded chain-of-title description by reference (§§ 565.451a, 565.451c) |
No death-record attachment required for the affidavit itself. Before a later survivor deed or instrument is recorded, certified death certificate or other Michigan-recordable proof for each deceased tenant must be recorded separately (§§ 565.48, 565.203) |
Affidavit by a knowledgeable, court-competent affiant; knowingly false statement is perjury. General recordability rules require printed signer/notary names, jurat-or-acknowledgment name consistency, formatting, drafter information, and SSN redaction; no witness count stated (§§ 565.201, 565.451a–.451b) |
Record with the register of deeds in the county where the land is situated; no post-death affidavit deadline in §§ 565.451a–.453. Conditional Property Transfer Affidavit: local assessing office within 45 days (§ 211.27a(10)) |
Property Transfer Affidavit only if the death-related change is a transfer of ownership; excluded for a surviving spouse and for a qualifying joint-tenancy termination meeting original-owner continuity conditions (§ 211.27a(7)(a), (i), (10)) |
Recorded like a deed and admissible as prima-facie evidence of its facts; the statute does not make the affidavit a conveyance or conclusive title proof (§§ 565.452–.453) |
| Minnesota verified 2026-08-03 | Joint tenancy in land and any estate, title, interest, or lien expressly limited to a person's life (Minn. Stat. § 600.21). Registered certificate-of-title and CPT joint tenancies use §§ 508.71 and 508A.71 |
Certified death record alone may be recorded (§ 600.21). Optional affidavit-of-survivorship package: certified death record attached to affidavit. Registered/CPT new certificate requires record of death plus affidavit (§§ 508.71, 508A.71) |
Death-record-only route has no affiant. Sections 600.21, 508.71, and 508A.71 prescribe no survivor-only signer class, age, personal-knowledge recital, or other affiant qualification for the survivorship affidavit |
§ 600.21 does not list affidavit fields. An affidavit of survivorship must legibly state the legal name and residential or business address of the person who should receive future tax statements (§ 507.092); the certified death record is attached |
Copy of the death record duly certified by the officer legally required to keep the death record (§ 600.21). For registered/CPT land, file a record of death with the affidavit (§§ 508.71, 508A.71) |
For an affidavit or other instrument affecting real estate, execution must be acknowledged and the acknowledgment certified; original executing-party and officer signatures apply unless lawful electronic-recording standards are used (§ 507.24). No statutory witness count |
County recorder for abstract land; registrar of titles for registered or CPT land. If an affidavit has the death record attached, present it first to the county auditor for 'Transfer entered' endorsement. No statutory post-death deadline (§ 600.21) |
Affidavit package requires county-auditor transfer entry and endorsement before recording (§ 600.21), plus future-tax-statement name and address (§ 507.092). A death record recorded alone is expressly exempt from the tax-address rule (§ 507.092, subd. 2) |
Certified death record or its record is prima-facie evidence of death and termination of the joint tenancy or life-limited interest (§ 600.21). For registered/CPT land, registrar issues a new certificate to one survivor in severalty or multiple survivors in joint tenancy without order/directive (§§ 508.71, 508A.71) |
| Mississippi verified 2026-08-03 | Any person who is party to a document affecting real-property title; the affidavit route is not limited to one ownership form (§ 89-5-8). Mississippi recognizes express joint tenancy or entirety with survivorship (§ 89-1-7) |
Recordable affidavit containing a statement relating to the death or time of death of a person who is party to a document affecting real-property title (Miss. Code § 89-5-8(1)) |
The affiant signs; § 89-5-8 states no surviving-owner, personal-representative, attorney, or other status restriction for a death affidavit |
Statement relating to the party's death or time of death, plus a description of the real property covered by the affidavit (§ 89-5-8(1), (5)); no statutory survivor recital or creating-document recording reference |
No death-certificate attachment or separate death record required by § 89-5-8; the sworn affidavit supplies the stated death facts |
Signed by the affiant and verified upon oath or affirmation before a notarial officer (§ 89-5-8(1)); no subscribing witnesses or separate personal-knowledge clause stated |
Land records in the chancery clerk's office for the county where the real property is situated; no post-death filing deadline in § 89-5-8 |
No statewide tax, assessor, ownership-report, or other companion filing stated in § 89-5-8 |
Recorded affidavit or certified copy is admissible in an action involving the related document or affected title and is prima-facie evidence of stated facts and title marketability (§ 89-5-8(6)); not conclusive vesting proof |
| Missouri verified 2026-08-03 | Certified-death-certificate route is not limited to a named ownership form. For nonspouse co-owners, the creating grant or devise must expressly declare joint tenancy (§ 442.450); the Chapter 461 nonprobate-transfer rules exclude joint-tenancy and entirety survivorship (§ 461.005(7)) |
No prescribed survivor affidavit. Recorder of deeds may record a certified copy of a death certificate (§ 59.310.4(4)) |
No affidavit signer. A vital-record custodian issues the certified copy to an applicant with a direct and tangible interest (§ 193.255.1); § 59.310 states no survivor-only presenter class |
No survivor-affidavit fields. The recorded instrument is the certified death certificate; § 59.310.4 prescribes no property, deed-reference, vesting, or no-severance recital for that certified copy |
Certified copy of the death certificate; the specific statutory recording permission does not extend by its terms to an uncertified photocopy (§ 59.310.4(4)) |
No survivor signature, oath, acknowledgment, notary, or witness requirement for the certified copy. Certified birth and death records are exempt from § 59.310's ordinary format requirements |
County recorder of deeds; § 59.310 states no deadline measured from death |
No statewide companion tax, ownership-report, or affidavit filing prescribed by §§ 59.310 or 193.255 for this certified-death-certificate route |
Certified vital record is treated as the original and is prima-facie evidence of its stated facts (§ 193.255.2); recording permission does not make it a conveyance or conclusive proof of survivorship title |
| Montana verified 2026-08-03 | Joint-tenancy interest or life-estate interest, defined as a nonprobate real-property interest (Mont. Code Ann. § 7-4-2613(1)(c)) |
Permitted acknowledged death-and-termination statement for the land record; mandatory Realty Transfer Certificate for the operation-of-law transfer (§§ 7-4-2613, 15-7-304 to -305) |
Death statement: no eligible-signer class stated; the executing person acknowledges it. RTC: transaction parties or their agents/representatives (§ 15-7-305) |
Statement that the nonprobate-interest holder died and the interest terminated, plus legal description; same-county recorded material may be incorporated by reference (§ 7-4-2613) |
Acknowledged statement recites death; current Form RTC requires a certified death-certificate copy for joint-tenancy or life-estate termination. The certificate need not be attached to the recorded statement |
Death statement must be acknowledged; no special oath, jurat, perjury declaration, witness, personal-knowledge, or survivor-only rule stated. Form RTC is signed by its preparer |
County clerk and recorder where the real property lies; RTC filed with recorder and operation-of-law packet should also go to local Department of Revenue office. No express post-death deadline |
Realty Transfer Certificate required; attach certified death-certificate copy. Joint-tenancy/life-estate death is an exception from sales-price information (Form RTC; Mont. Code Ann. §§ 15-7-304 to -307) |
Records the statement that death occurred and the deceased interest terminated; Department of Revenue need not change tax-ownership records until it receives the transfer certificate (§ 15-7-304) |
| Nebraska verified 2026-08-03 | Joint-tenancy deed after a joint tenant's death; expiration of a life estate; and, separately, transfer-on-death deed after the transferor or a surviving joint tenant dies (Neb. Rev. Stat. § 76-2,126) |
Death certificate filed to document transfer of title. No survivor affidavit for joint tenancy or life estate; cover sheet is required only for a transfer-on-death deed (§ 76-2,126) |
No signer or filer class stated for the joint-tenancy or life-estate death certificate. The separate § 76-214 statement is signed by grantee, purchaser, or authorized agent only when applicable |
Joint tenancy/life estate: no added statutory fields beyond the death certificate. TOD deed only: cover sheet with document title, prior recording data, grantor, surviving grantee, and legal description (§ 76-2,126) |
Death certificate. Section 76-2,126 does not label the joint-tenancy or life-estate copy certified or authenticated; § 76-214(2)(a) uses that label only for the TOD-deed statement route |
No survivor-affidavit oath, acknowledgment, notary, witness, personal-knowledge, or signature rule; the joint-tenancy route records the death certificate itself |
Register of deeds for the county where the real estate lies; no post-death deadline stated in § 76-2,126 |
No § 76-214 real-property statement required for a joint-tenancy or life-estate death filing; subsection (2)(a) requires it only when the conveyance is under a transfer-on-death deed |
Documents the transfer of title to the surviving joint tenant(s) or the holder taking after the life tenant's death (§ 76-2,126); no prima-facie, conclusive, or title-insurance effect stated |
| Nevada verified 2026-08-03 | Real property held in joint tenancy or community property with right of survivorship; and a life estate passing to the remainder owner at death (NRS 111.365(1)-(2)) |
Recorded affidavit of death accompanied by certified death certificate for each deceased joint tenant/spouse or the deceased life tenant (NRS 111.365) |
Any person having knowledge of the facts required by the applicable subsection; survivor, remainder owner, or personal-representative status is not required (NRS 111.365(1)-(2)) |
Affiant's family relationship, if any, or relationship to life tenant; creating instrument/conveyance; affected property; each decedent's death date/place. Also requester mailing address, APN if assigned, and metes-and-bounds preparer or prior-recording reference when applicable (NRS 111.312) |
Certified copy of the death certificate of each deceased joint tenant or spouse, or of the deceased life tenant, accompanies the affidavit (NRS 111.365(1)-(2)) |
Subscribed and sworn by a person with knowledge of the required facts (NRS 111.365). No witness count or separate personal-representative authority document stated |
Recorder of each county where the real property lies; no post-death deadline in NRS 111.365 |
No filer tax companion stated. County recorder must send all affidavit information monthly to the Department of Human Services (NRS 111.365(3)) |
Creates a disputable presumption that the deceased joint/spousal interest terminated and vested in the survivor(s), or that the life estate terminated and vested in the remainder owner (NRS 111.365(1)-(2)) |
| New Hampshire verified 2026-08-03 | Express joint tenancy or tenancy by the entirety; a conveyance to multiple people otherwise creates tenancy in common (RSA 477:18) |
No specific statewide survivor affidavit or named death-record instrument in current RSA ch. 477; record the instrument affecting title under RSA 477:3-a |
No statutory survivor, personal-representative, interested-person, or other filer class for an ordinary post-death title record |
No statewide decedent, survivor, vesting-deed, legal-description, death-place, no-severance, or requested-update list in RSA ch. 477 |
No original/certified death-certificate, court-order, or affidavit-attachment requirement stated in RSA 477:3-a or 477:18 |
No special affidavit oath, acknowledgment, perjury declaration, witness, or personal-knowledge rule in RSA ch. 477 for this post-death record |
Registry of deeds for the county or counties where the real estate lies; no post-death filing deadline (RSA 477:3-a) |
No survivorship-specific state tax, ownership report, or supplemental filing required by RSA 477:3-a or 477:18 |
Original deed creates survivorship; a later title-affecting instrument is ineffective against bona fide purchasers for value until recorded (RSA 477:3-a). No affidavit-specific presumption or conclusive-title effect |
| New Jersey verified 2026-08-02 | Express joint tenancy under § 46:3-17; tenancy by the entirety under §§ 46:3-17.2 and 46:3-17.5, including civil-union partners through §§ 37:1-31 to -32 |
No prescribed statewide survivor affidavit. A certified government-issued death certificate affecting title is recordable; an optional acknowledged affidavit that affects title may also be recorded (§§ 46:26A-2(p), 46:26A-4(g)(2)) |
Death-certificate route has no affiant, and Chapter 26A names no survivor-only presenter. If an optional affidavit is used, its maker signs and acknowledges it under the ordinary recording prerequisites (§ 46:26A-3) |
No survivor-specific statutory fields. A cover sheet or electronic synopsis, if supplied, states document nature, date, parties, and other indexing names; omitting it adds a $20 indexing fee (§ 46:26A-5) |
Certified copy of a government-issued death certificate when death affects title; no statute requires attaching it to a separate affidavit (§ 46:26A-4(g)(2)) |
Certified government document is recordable without the ordinary signature or acknowledgment. Optional affidavit: signature, printed signer name, and acknowledgment or proof; no statewide witness count (§§ 46:26A-3 to -4) |
County recording officer for the county where the property is located; Chapter 26A states no post-death filing deadline (§ 46:26A-6) |
No blanket companion form in Chapter 26A. A 15-year inheritance-tax lien can require clearance (§ 54:35-5); eligible all-Class-A estates may request a waiver with Form L-9, while surviving spouse/civil-union-partner entireties property needs no waiver |
Notice to later purchasers, mortgagees, and judgment creditors of the recorded document and its contents; not a conveyance or conclusive title ruling (§ 46:26A-12) |
| New Mexico verified 2026-08-03 | Joint tenancy created by express joint-tenancy or survivorship language (NMSA 1978 §§ 47-1-16, 47-1-35 to -36); otherwise co-ownership defaults to tenancy in common (§ 47-1-15) |
No survivor-specific statewide affidavit. A death certificate may be recorded with the county clerk as a convenience, but recording is not required to change title or a property interest (§ 14-8-9.1(F)) |
No statutory survivor-affiant or filer class; § 14-8-9.1(F) does not designate who may present an optional death certificate |
No survivor-affidavit fields prescribed. The optional instrument is the death certificate itself; no property description, creating-deed reference, or survivor recital is stated in § 14-8-9.1(F) |
Recorded death certificate is permitted as a convenience; no certified-copy requirement or mandatory attachment to an affidavit in the surveyed provisions (§ 14-8-9.1(F)) |
No statewide survivor-affidavit oath, acknowledgment, notary, witness, or personal-knowledge rule; the reviewed statutes create no such affidavit |
Optional death-certificate recording is with the county clerk; no post-death deadline stated (§ 14-8-9.1(F)) |
No statewide tax, assessor, ownership-report, or other companion filing prescribed for the optional death-certificate route |
Recording is expressly a convenience and is not required to effect a title or property-interest change (§ 14-8-9.1(F)); no survivor affidavit has a statutory vesting, notice, indexing, or evidentiary effect |
| New York verified 2026-08-03 | Registered real property only: surviving spouse or joint tenant with right of survivorship (§ 423). No comparable survivor procedure appears in the current Article 9 ordinary-recording scheme |
Statutory petition for reissuance of the certificate of title, with attached death certificate (§§ 423, 423-a) |
Surviving spouse or surviving joint tenant with right of survivorship presents, signs, and verifies the petition (§§ 423, 423-a) |
Petitioner identity, residence, legal age and survivor status; deceased and death date; title-certificate number; registered ownership form; registrar/county; survivor address; property description; joint-tenant estate-tax recital; duplicate-certificate surrender or loss/theft explanation; identification (§ 423-a) |
Death certificate attached to the petition; § 423-a does not specify a certified copy |
Petitioner is duly sworn and verifies the petition before a notary; no witness requirement stated (§ 423-a) |
Present to registrar; § 423 also directs filing a permitted petition with the clerk of the original-registration county and a copy with its registrar. No express post-death deadline |
Joint-tenant form states the property is subject to estate taxes against the deceased joint tenant's estate, if any; no separate release or tax form is named (§ 423-a) |
Registrar memorializes the petition as an ownership change, deletes the deceased owner's name, and recertifies title to the survivor on the existing certificate (§ 423) |
| North Carolina verified 2026-08-02 | Ordinary real property held as tenants by the entirety under § 41-56 or in an expressly created joint tenancy with right of survivorship under § 41-71 |
No specific statewide survivor affidavit, death-certificate recording, or other title-clearance instrument is prescribed in current Chapters 41 or 47 |
No statutory affiant or filer class because no survivorship-record instrument is prescribed |
No statewide survivorship-affidavit recitals; Chapter 41 governs ownership but does not list decedent, survivor, deed-reference, or property-description fields for a post-death filing |
No certified, original, or other death record is required by the surveyed current Chapters 41 and 47 for a statewide survivorship-record filing |
No statewide survivor affidavit is prescribed, so no survivorship-specific oath, acknowledgment, witness, personal-knowledge, or perjury formula is stated |
No statewide survivorship filing office or post-death deadline is stated; county forms or title practice are not a statutory statewide route |
No survivorship-specific excise-tax declaration, ownership report, or other companion filing is named in the surveyed provisions |
No affidavit-specific effect is supplied. Entireties property belongs to the surviving spouse at death (§ 41-64); joint-tenancy interests pass under the 120-hour rule (§§ 41-74, 28A-24-3) |
| North Dakota verified 2026-08-03 | Joint tenancy in land and any land estate, title, interest, or lien limited to a named person's life (N.D.C.C. § 47-19-06) |
Permitted duly certified death-certificate copy with attached legal description; no survivor affidavit (§ 47-19-06) |
No survivor, personal-representative, interested-person, or other filer/signature class stated; route records the certified official death certificate |
Legal description of each affected property attached to death certificate; no survivor name/address, vesting-deed reference, book/page, death-place, no-severance, or title-request recital (§ 47-19-06) |
Copy of death certificate certified by officer required to keep death records in the state or country where record was made (§ 47-19-06) |
No survivor affidavit, oath, acknowledgment, witness, perjury declaration, or personal-knowledge rule; certified official instrument records without acknowledgment or further proof (§ 47-19-02) |
Recorder for county where land is situated; no post-death filing deadline (§§ 47-19-06 to -07) |
Present document to county auditor before recording for tax-roll updates; no auditor's certificate required (N.D.C.C. § 11-18-03(3)) |
Certified death certificate or its recorded/certified record is prima-facie evidence of death and termination of joint tenancy or life-limited interest (§ 47-19-06) |
| Ohio verified 2026-08-02 | Real property held in a survivorship tenancy created under § 5302.17; registered land follows the separate § 5309.081 procedure |
Either a probate certificate of transfer under § 2113.61 or an affidavit accompanied by a certified death certificate (§ 5302.17) |
Section 5302.17 does not name an affiant or restrict the filing to a surviving tenant |
Other survivorship tenants' names and addresses, decedent's death date, and real-property description; the preparer's legible name must also appear unless a § 317.111 exception applies, including execution or acknowledgment outside Ohio |
Certified copy of the decedent's death certificate must accompany the affidavit (§ 5302.17) |
Affidavit required; § 5302.17 adds no witness, acknowledgment, or personal-knowledge wording. Section 317.111 generally requires the preparer's legible name, subject to its listed exceptions |
Present to the county auditor, then file with the county recorder; no post-death deadline stated in § 5302.17 |
The grantee or representative submits the DTE 100EX exemption-reason statement to the auditor; the survivorship transfer is exempt from the § 319.54(G)(3) conveyance fee (§§ 319.202, 319.54(G)(3)(n)) |
The decedent's interest vests in the survivor at death; recording places the certificate or affidavit in the official records (§ 5302.17) |
| Oklahoma verified 2026-08-03 | Real-property joint tenancy with right of survivorship, including jointly owned mortgages; and life tenancy with a remainder interest (§ 912(A)–(B)). Section 912 does not separately name tenancy by the entirety |
Nonjudicial package: certified death certificate plus survivorship/termination affidavit (§ 912(C)); alternative sworn court petition and recorded certified decree when no administration has begun (§ 911) |
Affidavit: surviving joint tenant, life tenant or remainderman, or the survivor's personal representative or attorney in fact (§ 912). Court route: remainderman, survivor, or claimant through either; petition sworn by petitioner, agent or attorney (§ 911) |
Property description; same-person link between death certificate and deceased owner; creating document and book/page; spousal relationship if applicable; death date. Representative filer attaches letters or power of attorney (§ 912(C)(2)) |
Certified death certificate from the prescribed Oklahoma issuer or comparable agency where death occurred (§ 912(C)(1)); court alternative hears evidence and proof of death (§ 911) |
Affidavit sworn before a notarial officer; no separate acknowledgment required, and it records as if acknowledged (§ 912(C)(2)). No witness or personal-knowledge recital stated |
County clerk where property lies; no post-death deadline in § 912. Court petition may be filed in land county or decedent's residence county; hearing and publication/mailing are at least 10 days out, then certified decree is filed in each land county (§ 911) |
Representative filer attaches letters or power of attorney. Estate-tax lien release applies only to specified pre-2010 deaths; no release is necessary for deaths on or after January 1, 2010 (§ 912(C)(2)–(3)) |
§ 912 package is conclusive evidence of death and termination; title deemed marketable unless otherwise defective. § 911 decree is conclusive for good-faith purchasers, encumbrancers and lienors relying on it |
| Oregon verified 2026-08-03 | Any deceased person shown in county records as owning or having a claim or interest in land (§ 205.130(2)(c)); includes express survivorship and spouses' tenancy by the entirety under § 93.180 |
Certified copy of the death record recorded by itself; no survivor affidavit is prescribed (§ 205.130(2)(c)) |
No affiant or signer. Statutes state no special presenter class for the certified public record |
Certified death record; first page or an attached cover sheet supplies the instrument label, indexed names, and return recipient/address (§§ 205.234, 205.236). No survivor, deed-reference, or legal-description affidavit fields |
Certified death record for recording (§ 205.130(2)(c)); a certified or authenticated death record is prima-facie evidence under the survivorship rules (§ 112.582(2)(a)) |
No oath, acknowledgment, witness, or survivor signature. Certified public records are exempt from § 205.232's paper/type rule; a cover sheet need not be signed or acknowledged (§§ 205.232, 205.234(2)) |
County clerk in each county whose records show the decedent's land interest; recorded in county deed records. No express post-death deadline (§ 205.130(2)(c)) |
No statewide tax or ownership-report companion named; only the general first-page or cover-sheet recording information (§ 205.234) |
Death record becomes a public deed record; its certification gives prima-facie death evidence under § 112.582, and a clerk-certified copy of the record may be read in evidence like the original (§§ 205.130, 205.140). No express conveyance or conclusive-title effect |
| Pennsylvania verified 2026-08-02 | Not limited to a named title form; route applies when letters are unnecessary but a public record of death is desired (§ 925), which can include already-valid survivorship property |
Death certificate; only if it cannot be obtained, affidavit of death (§ 925) |
Certificate route states no filer class. Fallback affidavit: relative or other interested party (§ 925) |
Fallback affidavit states decedent's name, residence, date, time and place of death, and age at death (§ 925) |
Certificate of death preferred; affidavit is expressly conditional on inability to obtain certificate (§ 925) |
Fallback is a signed written statement sworn or affirmed before an authorized officer and officially certified, with officer's seal where applicable (1 Pa.C.S. § 1991) |
File with the register (Register of Wills); no filing deadline in § 925 |
No companion tax, recorder-of-deeds, parcel, or ownership-report filing named in § 925 |
Register indexes and records the certificate or affidavit as a public record of death; no express conveyance, land-record notice, or conclusive-title effect (§ 925) |
| Rhode Island verified 2026-08-03 | Death fact relating or purporting to relate to any land title; not limited to a named survivorship form. The original instrument must expressly create joint tenancy or survivorship (R.I. Gen. Laws §§ 34-3-1, 34-13-1(11)) |
Permitted affidavit of family facts, including birth, marriage, and death dates, relating or purporting to relate to land title (§ 34-13-1(11)) |
No statutory affiant class; any person may request recording after paying lawful fees (§ 34-13-1) |
A family fact, such as the death date, that relates or purports to relate to land title; no express decedent-name, survivor-name, deed-reference, legal-description, no-severance, or vesting request list |
The affidavit supplies the recorded death fact; no original or certified death-certificate attachment, court order, or separate death record required by § 34-13-1(11) |
An affidavit is the named instrument; § 34-13-1(11) states no added acknowledgment, witness count, perjury declaration, personal-knowledge, or survivor-only requirement |
Town clerk or recorder of deeds; no statewide post-death filing deadline (§ 34-13-1) |
No survivorship-specific state tax, ownership report, or supplemental filing required by §§ 34-13-1 to -2 |
Constructive notice to all persons of the recorded contents, so far as they are genuine (§ 34-13-2); no conclusive-title or marketability effect |
| South Carolina verified 2026-08-03 | Real estate held in joint tenancy with rights of survivorship (§ 27-7-40). The section does not create tenancy by the entirety; its quoted deed phrase is a conclusive creation safe harbor, not the exclusive method (§ 27-7-40(a), (c)) |
Permitted certified copy of the deceased joint tenant's certificate of death; no survivorship affidavit is prescribed (§ 27-7-40(b)) |
Surviving joint tenant or surviving joint tenants may file the certified death certificate; there is no affiant or document signer under § 27-7-40(b) |
No affidavit fields. The filing is the certified copy of the deceased joint tenant's certificate of death (§ 27-7-40(b)) |
Certified copy of the certificate of death of the deceased joint tenant (§ 27-7-40(b)) |
No affidavit, signature, oath, acknowledgment, notary, or witness requirement for the survivor under § 27-7-40(b); the filed item is the certified death certificate |
Register of Deeds for the county where the real estate is located; § 27-7-40(b) states no post-death filing deadline |
No statewide companion affidavit or ownership report is prescribed in § 27-7-40(b). Pay the same Register of Deeds filing fee charged for a deed of conveyance |
Register indexes the certificate under the deceased joint tenant in the grantor deed index. Filing is conclusive that the tenant died and the deceased interest vested by operation of law in the surviving joint tenant or tenants (§ 27-7-40(b)) |
| South Dakota verified 2026-08-03 | All joint tenancies in land and interests limited to a person's life; separate detailed route when decedent's spouse is sole surviving joint tenant (SDCL §§ 21-44-1, 21-44-2, 21-44-27) |
Permitted certified death-record copy with attached property-identification affidavit; spousal sole-survivor route uses detailed affidavit accompanied by certified death certificate (§§ 21-44-2, 21-44-27) |
General route: person causing death record to be recorded supplies affidavit; no survivor-only class. Spousal sole-survivor route: any interested person (§§ 21-44-2, 21-44-27) |
General affidavit: legal descriptions of affected property. Spousal route: decedent name/date of death, legal description, surviving spouse name, and statement spouse is sole surviving joint tenant (§§ 21-44-2, 21-44-27) |
Duly certified copy of official death record under general route; certified death-certificate copy accompanies spousal affidavit (§§ 21-44-2, 21-44-27) |
Affidavit required; §§ 21-44-2 and 21-44-27 state no added acknowledgment, jurat wording, witness count, perjury declaration, or personal-knowledge requirement |
Register of deeds for county where land is situated; no post-death filing deadline stated (§§ 21-44-2, 21-44-27) |
No survivorship-specific tax form named; privately prepared recorded document must carry preparer's name, address, and phone unless exempt (SDCL § 7-9-1) |
Recorded certified death record is prima-facie evidence of death and termination of joint tenancy or life-limited interest; route is cumulative, not exclusive (§ 21-44-2) |
| Tennessee verified 2026-08-03 | No survivorship attaches to an ordinary statutory joint tenancy (§ 66-1-107); § 66-1-109 permits direct creation of an estate by the entirety. The general title-identification affidavit route does not decide whether a particular instrument creates survivorship |
No prescribed survivor affidavit. General affidavit in furtherance of identification and title to land may be registered (§ 66-24-101(a)(27)) |
No survivor-only affiant class is stated in § 66-24-101(a)(27). The person making the affidavit must swear before a notary under current subsection (g) |
No survivor-specific fields. The affidavit must further identification and title to land and contain the exact sworn-and-subscribed notarial language required by § 66-24-101(g) |
No certified death certificate or other death-record attachment is prescribed by §§ 66-24-101(a)(27), (g); the complete Title 66 scheme contains no survivor-specific death-certificate route |
Sworn before a notary public with the statutory jurat and commission-expiration line (§ 66-24-101(g), added by 2026 Pub. Ch. 865); no witness count is prescribed |
County register of deeds for the land records; the surveyed provisions state no post-death deadline |
No statewide companion death certificate, tax form, or ownership report is prescribed by the surveyed Title 66 provisions |
Notice to all the world from the time the affidavit is noted for registration (§ 66-26-102); no statute makes the affidavit a conveyance or conclusive title determination |
| Texas verified 2026-08-02 | Nonspouse joint owners with a written survivorship agreement (§ 111.001); spouses' community property uses a signed Chapter 112 agreement (§§ 112.051-.052) |
No prescribed statewide death affidavit. General property instrument may be recorded under § 12.001; optional certified agreement-and-order route exists for adjudicated community-property agreements (§ 112.104) |
No statutory signer class for the general instrument. Optional court application: surviving spouse or that spouse's personal representative (§ 112.101(a)) |
No statewide contents for a general survivorship affidavit. Court application lists spouse/decedent, death, venue and SSN-if-known facts and files the original agreement (§ 112.101) |
No death-certificate mandate for the general recorded instrument. Court applicant must prove the spouse is deceased; statute does not prescribe one evidence form (§ 112.102) |
Instrument must be acknowledged, sworn with proper jurat, or proved according to law; paper route generally needs an original authenticated signature (§§ 12.001(a), 12.0011(b)) |
County clerk in a county where part of the property lies; no survivorship-filing deadline. Clerk records a legally authenticated authorized instrument (§§ 11.001, 11.004) |
No companion tax or ownership report in the surveyed survivorship and recording provisions |
Proper recording gives notice of the instrument's existence and makes it public; it does not make affidavit facts conclusive (§ 13.002). Certified adjudicated agreement/order may be recorded and used as evidence (§ 112.104) |
| Utah verified 2026-08-03 | Joint tenancy, tenancy by the entirety, and life estate (§ 57-1-5.1(1)(a)); § 57-1-5(7)-(8) treats entirety and community-property titleholders as joint tenants |
Permitted affidavit disclosing the death-based termination of the covered real-estate interest; § 57-1-5.1(3) supplies a substantial statutory form |
No survivor-only signer class stated. The statutory form names an affiant of legal age; it does not require that person to be the surviving owner, personal representative, or an attorney |
Cite the terminated interest; legal description; entry number and book/page of the creating instrument. Statutory form also links the decedent on the death document to the party in that instrument (§ 57-1-5.1(1)(b), (3)) |
Attach as an exhibit a copy of the death certificate or another government-agency death document described in § 75-1-107; certified/authenticated death certificates and government records receive prima-facie evidentiary effect under that section |
Substantial form: affiant of legal age, first duly sworn, dated signature, and subscription/oath before a notary public (§ 57-1-5.1(3)). No witness or express personal-knowledge recital |
Recorder of the county where the affected property lies (§ 57-1-5.1(1)(b)(v)); no post-death filing deadline stated |
Death document is the required exhibit; no statewide tax, ownership-report, or other companion filing stated in §§ 57-1-5.1 or 57-3-102 |
Covered interest terminates upon death; affidavit discloses or terminates that interest of record (§ 57-1-5.1). A document executed, acknowledged, and certified as Title 57 prescribes imparts notice to all persons of its contents (§ 57-3-102(1)) |
| Vermont verified 2026-08-03 | Death-record route covers any person with a property ownership interest; joint tenancy and tenancy by the entirety are recognized (18 V.S.A. § 5016(c)(2); 27 V.S.A. §§ 2, 349) |
Permitted noncertified death-certificate copy in municipal land records; no survivor affidavit (18 V.S.A. § 5016(c)(2)) |
No affiant, survivor, personal-representative, knowledgeable-person, or other filing class stated; route records the official copy |
Certificate establishes the person's death date and the person must have a property ownership interest; no legal-description, deed-reference, survivor, no-severance, or requested-update recital |
Noncertified death-certificate copy expressly recordable; it is not prima-facie evidence. Certified copy is prima-facie evidence but is not required by this route (§ 5016(b)(4), (c)(2)) |
No survivor signature, oath, acknowledgment, jurat, witness, perjury declaration, or personal-knowledge requirement; instrument is the death-certificate copy |
Land records of the municipality where the ownership record is kept; no post-death filing deadline (§ 5016(c)(2)) |
No survivorship-specific statewide tax return or ownership-report companion in the surveyed provisions |
Establishes date of death only; noncertified copy is not prima-facie evidence and has no express vesting or conclusive-title effect. Joint-tenant allocation occurs under 27 V.S.A. § 2(b)(2)(B) |
| Virginia verified 2026-08-02 | Express survivorship joint tenancy under §§ 55.1-134(B) and 55.1-135; spouses' tenancy by the entirety under § 55.1-136 |
No survivor-specific statewide affidavit or death-certificate route is prescribed. General law records only a writing otherwise authorized by law; §§ 64.2-509 to -510 are estate-property filings, not survivorship filings |
No survivor-specific affiant class. For an authorized signed writing, the signer uses the general acknowledgment or proof route; the interested-person signer in § 64.2-510 applies only to intestate estate realty |
No statewide survivorship-affidavit fields. General recording rules require indexing and return information in the writing or an optional/required cover sheet (§§ 17.1-223, 17.1-227.1) |
No certified death certificate, court order, or witness proof is prescribed for a survivorship land-record filing in the cited statewide provisions |
For an authorized writing signed by a person, original signature plus acknowledgment, or proof by two witnesses before the court or clerk (§ 55.1-600); no separate survivor-affidavit oath is prescribed |
Circuit-court clerk land records; no statewide post-death deadline for a survivorship instrument in the cited provisions |
No survivor-specific statewide tax or ownership report. A circuit-court clerk may require the general land-record cover sheet, including tax-map/PIN and claimed tax-exemption information when applicable (§ 17.1-227.1) |
An accepted writing is deemed validly recorded; a cover sheet is informational only and does not convey title or affect the instrument's interpretation (§§ 17.1-223(E), 17.1-227.1(C)) |
| Washington verified 2026-08-03 | Joint tenancy with right of survivorship, including spouses' or domestic partners' joint tenancy; recorded community property agreement; remainder interests (§§ 64.28.010, .040; 82.45.197). Tenancy-by-the-entirety survivorship is abolished (§ 11.04.071) |
Joint-tenancy/remainder route: certified death certificate. Community-property-agreement route: copy of the recorded agreement plus certified death certificate (§ 82.45.197(1)(a), (d)); no survivor affidavit |
No post-death affiant or survivor signature is prescribed for the joint-tenancy route, and § 82.45.197 does not name who presents the documents. The underlying community property agreement was jointly executed by both spouses or partners |
No survivor-affidavit fields. Joint-tenancy route requires only a certified death certificate; agreement route adds a copy of the recorded community property agreement (§ 82.45.197(1)(a), (d)) |
Certified copy of the death certificate for joint tenants with right of survivorship, remainder interests, and the community-property-agreement route (§ 82.45.197(1)(a), (d)) |
No post-death oath, acknowledgment, witness, or perjury declaration for the death-certificate route. A community property agreement must be written, signed by both parties, witnessed, acknowledged, and certified like a real-estate deed (§ 26.16.120) |
Provide the documentation to the county treasurer and record it with the county auditor; § 82.45.197 states no post-death filing deadline |
The documentation supports the inheritance exclusion from real estate excise tax (§§ 82.45.010(3)(a), 82.45.197). The joint-tenant route does not require the lack-of-probate affidavit used for specified heir transfers |
Joint tenancy passes to the survivor without probate (§ 64.28.010). Recording supplies the official death documentation required by § 82.45.197; that section does not call it a conveyance or conclusive title proof |
| West Virginia verified 2026-08-03 | Joint tenancy and tenancy by the entireties ordinarily lose survivorship at death; survivorship is preserved when the instrument manifestly directs the deceased owner's part to the others, or links owners with disjunctive 'or' (§§ 36-1-19, -20) |
No specific statewide post-death survivor affidavit or mandatory death-certificate filing in current Article 36-1 or Chapter 39; § 39-1-2a merely exempts a death certificate from the preparer-name rule |
N/A—no statutory post-death survivor instrument or filer class. A separately recordable signed writing is acknowledged by its signer or proved by two witnesses (§ 39-1-2(a)) |
N/A—no statewide survivor filing or required death, survivor, deed-reference, property-description, or no-severance recitals |
No statewide attachment or recording mandate for a death certificate or court order; § 39-1-2a(b) only excludes a death certificate from the instrument-preparer statement |
No special post-death formalities. General signed-writing recordation uses signer acknowledgment or proof by two witnesses (§ 39-1-2(a)) |
No survivorship-specific office or post-death deadline. General writings are admitted by a county commission clerk; conditional estate appraisement is due within 90 days after the personal representative qualifies (§§ 39-1-2, 44-1-14(f)) |
If a personal representative is appointed, the Tax Commissioner appraisement lists all probate and nonprobate real estate, expressly including joint-tenancy survivorship property, with title source and tax location (§ 44-1-14) |
No statutory survivor-filing effect. Survivorship, when preserved, follows the original instrument under § 36-1-20; current law does not make a later affidavit or death certificate conclusive title proof |
| Wisconsin verified 2026-08-16 | Joint tenancy and life estate in real property under § 867.045; survivorship marital property and specified other nonprobate interests under § 867.046. Joint-tenancy survivorship and survivorship-marital-property vesting arise at death (§§ 700.17(2), 766.60(5)(a)) |
Permitted register-of-deeds application supplied for the purpose (§§ 867.045(1), 867.046(2)); a sealed court certificate is an alternative (§§ 867.04, 867.046(1m)) |
§ 867.045: any person interested in the property. § 867.046: decedent's spouse or a listed marital-property/nonprobate beneficiary; after 90 days without a listed proceeding, any interested person may petition or apply |
§ 867.045: decedent and survivor/remainder beneficiary names and addresses, death date, applicant's interest, tax bill, legal description, and creating deed copy. § 867.046: decedent and applicant names, residence and post-office address, death date, tax bill and legal description; a deed copy is required for joint tenancy, life estate, or TOD designation |
No death certificate is listed in §§ 867.045 or 867.046. The application states the date of death and the signer verifies the required information under oath; a court certificate instead recites the fact of death |
Applicant signs and verifies correctness under oath; applicant must appear before the register of deeds or another person authorized under § 706.06 or ch. 140, who completes the verification statement (§§ 867.045(1)-(2), 867.046(2)-(3)). No statutory witness count |
Register of deeds for the county where the property is located; no outside filing deadline. Under § 867.046(2m), the class expands to any interested person after 90 days if no listed person starts a proceeding |
Record the prior-year or most recent property tax bill unless the register and county real-property lister waive its recording (§§ 867.045(1)(j), 867.046(2)(i)). File an electronic real-estate transfer return; survivorship is fee-exempt (§§ 77.22(1)-(2), 77.25(11), 77.255) |
§ 867.045: presumed evidence of recited facts and termination with the force of a probate-court certificate, but not evidence of death-tax payment. § 867.046: prima-facie evidence and termination. Both protect later good-faith purchasers or lenders without actual notice (§§ 867.045(4)-(5), 867.046(5)-(6)) |
| Wyoming verified 2026-08-03 | Terminating life estate, tenancy by the entirety, joint estate, or joint tenancy in real property (Wyo. Stat. §§ 2-9-101 to -103) |
Permitted nonjudicial affidavit of survivorship with attached certified death record; independent verified-petition and recorded-decree alternative (§§ 2-9-101 to -103) |
Any person interested in affected property or title; general title-affidavit rule also requires knowledge of facts and competence to testify (§§ 2-9-102, 34-11-101(a)) |
Property description; record owner's name; vesting instrument and recording references if recorded; sworn certification of decedent's identity, death, and termination of prior estate (§§ 2-9-102, 34-11-101(c)) |
Attach copy of official death certificate certified by public authority holding the original record (§ 2-9-102) |
Affidavit signed and sworn; certifies death under oath. A jurat eliminates a separate acknowledgment certificate; no witness rule (§§ 2-9-102 to -103, 34-11-101(a)) |
County clerk where property is situated; no post-death deadline. Court alternative: district court in that county, two weeks' publication or court-ordered notice, then record certified decree (§§ 2-9-101 to -102) |
No survivorship-specific statewide tax or ownership-report companion named; certified death-certificate copy is the mandatory attachment |
Clerk indexes affidavit under record owner; compliant affidavit is prima-facie evidence of recited facts. Recorded decree plus vesting instrument is presumptive evidence of creation, termination, and survivorship (§§ 2-9-101, -103; 34-11-101) |
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