Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Survivorship / Affidavit of Death of Joint Tenant)

State of Alabama

Prepared By:
_____________________________________________
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number:
_____________________________________________

SPACE ABOVE THIS LINE FOR JUDGE OF PROBATE'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ALABAMA
COUNTY OF _________________

BEFORE ME, the undersigned authority, a Notary Public in and for said County in said State, personally appeared the Affiant named below, who, being by me first duly sworn, deposes and says under oath:

ARTICLE I: AFFIANT

1. My name is _________________________________ ("Affiant"). I reside at _____________________________________________. I am over the age of nineteen (19) years, am of sound mind, am competent to make this Affidavit, and have personal knowledge of the facts stated herein.

2. I am the surviving joint tenant named in the vesting deed described below, and I am the same person who, together with the Decedent identified below, took and held title to the real property described in Exhibit A as joint tenants with right of survivorship.

ARTICLE II: SWORN STATEMENTS

3. The Decedent. _________________________________ ("Decedent") died on [__/__/____] at _________________________ (city, county, state). A certified copy of the Decedent's death certificate is attached hereto and recorded herewith.

4. The Vesting Deed. By _________________________ [type of deed], dated [__/__/____], the Decedent and the Affiant (and any other surviving owner(s) named below) acquired and held title to the real property described in Exhibit A as:

☐ Joint tenants with right of survivorship
☐ Husband and wife, as joint tenants with right of survivorship
☐ ____________________________________________

said vesting deed being recorded on [__/__/____] in the Office of the Judge of Probate of _________________ County, Alabama, in:

☐ Deed Book _______, Page _______
☐ Instrument No. _________________________

The vesting deed contains express words of survivorship sufficient to create a survivorship tenancy under Ala. Code § 35-4-7.

5. The Property. The real property affected by this Affidavit is situated in _________________ County, Alabama, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Parcel Identification Number: _____________________________________________

6. Survivorship Vesting. The Affiant is the surviving joint tenant and is the identical person named as a grantee in the vesting deed described in Paragraph 4. Upon the death of the Decedent, and by operation of the right of survivorship under Ala. Code § 35-4-7 and the express terms of the vesting deed, the interest of the Decedent in the Property terminated and did not descend to the Decedent's heirs or devisees, and full and complete title to the Property vested in the surviving owner(s):

7. No Severance. The survivorship tenancy created by the vesting deed was not severed, terminated, or destroyed during the joint lives of the Decedent and the Affiant by deed, partition, levy, judgment, or otherwise, and remained in full force and effect at the time of the Decedent's death.

8. Estate / Inheritance Tax and Liens. Affiant further states:

☐ Alabama imposes no state estate tax and no state inheritance tax; no Alabama death-tax lien or waiver is required for this transfer.
☐ All federal estate tax (if any) due by reason of the Decedent's death has been or will be paid, and no federal estate tax lien encumbers the Property.
☐ To Affiant's knowledge, the Property is free of liens and encumbrances arising from the Decedent's death, except as follows: _____________________________________________

ARTICLE III: STATUTORY BASIS AND REQUEST TO RECORD

9. Statutory Basis. This Affidavit is made pursuant to and in accordance with:

• Ala. Code § 35-4-7 (Survivorship between joint tenants);
• Ala. Code § 35-4-50 (Conveyances required to be recorded in office of probate judge);
• Ala. Code § 35-4-69 and § 35-4-90 (Recording; constructive notice and priority).

10. Purpose; Request to Record. This Affidavit is made for the purpose of evidencing of record the termination of the Decedent's interest and the vesting of full title in the surviving owner(s) by right of survivorship, and to remove the Decedent from the record chain of title. Affiant requests that this Affidavit, together with the attached certified death certificate, be recorded in the Office of the Judge of Probate of _________________ County, Alabama, to clear title to the Property.

11. Reliance. This Affidavit is made with full knowledge that title insurers, the Judge of Probate, prospective purchasers, lenders, and other interested parties will rely upon the statements made herein.

ARTICLE IV: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I declare under penalty of perjury and under oath that the foregoing statements are true and correct to the best of my knowledge and belief.

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

JURAT

STATE OF ALABAMA
COUNTY OF _________________

I, the undersigned authority, a Notary Public in and for said County in said State, hereby certify that _________________________, whose name is signed to the foregoing Affidavit, and who is known to me (or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed), personally appeared before me on this day, and being first duly sworn by me, executed and swore to the same voluntarily on the day the same bears date.

Sworn to and subscribed before me this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Alabama:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Address: _____________________________________________

Parcel Identification Number: _____________________________________________

Source of Title (Vesting Deed): ☐ Deed Book _______, Page _______ ☐ Instrument No. _________________, Office of the Judge of Probate of _________________ County, Alabama.

ATTACHMENT

CERTIFIED DEATH CERTIFICATE ATTACHED. A certified copy of the death certificate of the Decedent is attached to this Affidavit and is recorded together herewith as evidence of the fact and date of death.

☐ Certified death certificate attached and recorded herewith

ALABAMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

No transfer/recordation tax. A transfer by right of survivorship is not a conveyance for consideration; the Ala. Code § 40-22-1 recordation (deed transfer) tax generally does not apply to the recording of an Affidavit of Surviving Joint Tenant. A "no tax collected" notation may be required. Confirm with the Judge of Probate.

Important Alabama Notes

1. Survivorship must be express. Alabama presumes tenancy in common (Ala. Code § 35-4-7). This Affidavit clears title only if the vesting deed contained express survivorship language. If it did not, the Decedent's interest passed to heirs/devisees and an estate proceeding is required.

2. Confirmatory deed (optional). Title examiners sometimes prefer that the surviving owner also record a confirmatory or corrective deed into the survivor's sole name; consult the title company.

3. No Alabama estate or inheritance tax. Alabama imposes neither; no state death-tax clearance is required.

4. Legal counsel. Consultation with a licensed Alabama attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Alabama State Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Alabama attorney before using this form.