Affidavit of Surviving Joint Tenant - Alabama

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 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). Evidence of death: [CERTIFIED DEATH CERTIFICATE ATTACHED / OTHER EVIDENCE AND RECORD REFERENCE].

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. To the extent the survivorship estate remained in effect at death, the Decedent's interest passed to the surviving joint tenant(s) under Ala. Code § 35-4-7 and the express terms of that deed. The surviving owner(s) are:

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:

☐ Known liens, tax claims, or other encumbrances affecting the Property: [DESCRIBE OR STATE NONE KNOWN AFTER REVIEW].

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 §§ 35-4-69 and 35-4-71 (the recorded affidavit gives notice of the facts recited and is indexed in the deed records).

10. Purpose; Request to Record. This Affidavit states facts concerning the Decedent's death, the vesting deed, and the claimed survivorship interest. Affiant requests that it be recorded in the Office of the Judge of Probate of _________________ County, Alabama under Ala. Code § 35-4-69. Recording gives notice of the facts recited; this Affidavit does not itself convey or adjudicate title.

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 swear 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

EVIDENCE OF DEATH. Attach a certified death certificate if available and accepted by the recording office, or identify other evidence of death in Paragraph 3.

☐ Certified death certificate attached for recording ☐ Other evidence identified in Paragraph 3

ALABAMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

No transfer/recordation tax. An affidavit that documents a survivor's existing title, without conveying property or an interest, is generally outside the instruments taxed by Ala. Code § 40-22-1(a). If this instrument also conveys an interest, review the tax before recording. 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). If the vesting deed did not create survivorship, this Affidavit cannot make the Decedent's interest pass to the other named owner. Review the deed and any later severance or encumbrance before relying on the claimed title.

2. Title review. Ask the title examiner whether further documents are needed for the contemplated transaction.

3. Taxes and liens. Review any applicable tax claims or liens separately; recording this Affidavit does not establish their absence.

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.