Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is recorded to evidence that, upon the death of one joint tenant (or tenant by the entirety), the decedent's interest terminated and full title vested in the surviving owner(s) by right of survivorship. Arkansas presumes tenancy in common unless survivorship is expressly declared (Ark. Code § 18-12-603); survivorship arises only where the vesting deed created a joint tenancy with right of survivorship (Ark. Code § 18-12-106) or a tenancy by the entirety (spouses). Some Arkansas title examiners prefer that the survivor ALSO record a confirmatory deed into the survivor's sole name; this affidavit is commonly used together with, or as a precursor to, such a deed. Obtain title insurance and confirm the vesting before relying on this form.

AFFIDAVIT OF SURVIVING JOINT TENANT

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

State of Arkansas

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Arkansas Bar No. (if attorney): _______________

DOCUMENT INFORMATION

TRANSFER TAX

No transfer tax due. A transfer occurring by right of survivorship upon the death of a joint tenant is not a sale or conveyance for consideration; the Arkansas real property transfer tax (Ark. Code § 26-60-101 et seq.) does not apply to the recording of this Affidavit. No documentary symbols or tax-compliance affidavit are required.

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

The undersigned Affiant, being first duly sworn upon oath, deposes and states:

AFFIANT

1. My name is [AFFIANT FULL LEGAL NAME] ("Affiant"). I reside at [AFFIANT ADDRESS]. I am over the age of eighteen (18) 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 (and any other surviving owner named below), took and held title to the real property described in Exhibit A with right of survivorship.

SWORN STATEMENTS

3. The Decedent. [DECEDENT FULL LEGAL NAME] ("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 acquired and held title to the real property described in Exhibit A as:

☐ Joint tenants with right of survivorship (Ark. Code § 18-12-106)
☐ Husband and wife, as tenants by the entirety
☐ ____________________________________________

said vesting deed being recorded on [__/__/____] in Book _______, Page _______ (or Instrument No. _________________), records of the Circuit Clerk and Ex Officio Recorder of [COUNTY] County, Arkansas. The vesting deed expressly declared a right of survivorship sufficient to overcome the tenancy-in-common presumption of Ark. Code § 18-12-603.

5. The Property. The real property affected by this Affidavit is situated in [COUNTY] County, Arkansas, and is more particularly described in Exhibit A attached hereto and incorporated herein.

Property Address: [STREET ADDRESS, CITY, AR ZIP]

Parcel Identification Number: [PARCEL ID]

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 Ark. Code § 18-12-106 (or by the entirety) and the express terms of the vesting deed, the interest of the Decedent in the Property terminated, did not become part of the Decedent's probate estate, did not descend to the Decedent's heirs or devisees, and full and complete title to the Property vested in the surviving owner(s):

Surviving Owner(s):   _________________________________________
Address:              _________________________________________

7. No Severance. The survivorship estate 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:

☐ Arkansas imposes no state estate tax and no state inheritance tax; no Arkansas death-tax lien, waiver, or clearance 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: ________________________________

STATUTORY BASIS AND REQUEST TO RECORD

9. Statutory Basis. This Affidavit is made pursuant to:

• Ark. Code § 18-12-106 (joint tenants with right of survivorship);
• Ark. Code § 18-12-603 (tenancy-in-common default; survivorship must be expressly declared);
• Ark. Code § 18-12-201, § 18-12-205 (acknowledgment) and § 14-15-404 (recording).

10. Purpose; Request to Record. This Affidavit is made to evidence 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, with the attached certified death certificate, be recorded with the Circuit Clerk and Ex Officio Recorder of [COUNTY] County, Arkansas, to clear title to the Property.

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

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

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

________________________________________
Signature of Affiant

________________________________________
[AFFIANT FULL LEGAL NAME]

Date: [__/__/____]

JURAT

STATE OF ARKANSAS       )
                        ) ss.
COUNTY OF _____________ )

On this _____ day of _________________, 20_____, before me, the
undersigned Notary Public, within and for said County and State,
personally appeared ____________________________________________,
to me known (or proved to me on the basis of satisfactory evidence)
to be the identical person who subscribed the foregoing Affidavit,
who, being by me first duly SWORN upon oath, executed and SWORE TO
the same as his/her free and voluntary act for the uses and purposes
therein set forth.

SUBSCRIBED AND SWORN TO before me this _____ day of ____________,
20_____.

________________________________________
Notary Public
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Arkansas [ZIP]

Parcel Identification Number: [PARCEL ID]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING DEED OR TITLE COMMITMENT]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Arkansas, as per plat recorded in Plat Book ___, Page ___, of the records of [COUNTY] County, Arkansas.
• Part of the [DIRECTION] Quarter of the [DIRECTION] Quarter of Section ___, Township ___ [N/S], Range ___ [E/W], [COUNTY] County, Arkansas, more particularly described as: [METES AND BOUNDS]

Source of Title (Vesting Deed): Book _______, Page _______ (or Instrument No. _________________), records of [COUNTY] County, Arkansas.

ATTACHMENT

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

☐ Certified death certificate attached and recorded herewith

ARKANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Circuit Clerk and Ex Officio Recorder, [COUNTY] County, Arkansas
• Recording Fee: Varies by county (check with the Circuit Clerk)
• Transfer Tax: None due — survivorship transfer is not a conveyance for consideration

Document Requirements

☐ Original signature of Affiant in black or blue ink
☐ Proper jurat / oath before a notary public (Ark. Code § 18-12-201, § 18-12-205)
☐ Certified copy of the death certificate attached
☐ Complete legal description (Exhibit A)
☐ Legible, minimum 8-point font

Witnesses note. The two-witness requirement of Ark. Code § 18-12-104 applies to conveyances/deeds. An affidavit of surviving joint tenant is a sworn evidentiary instrument, not a conveyance; a proper jurat (oath before a notary) is the operative authentication. If a confirmatory deed is also recorded, that deed must meet the deed witnessing/acknowledgment requirements.

Dower and Curtesy Note

Arkansas continues to recognize common-law dower and curtesy. A right-of-survivorship vesting passes the entire estate to the survivor on the first death, so no dower/curtesy attaches to the decedent's terminated interest; however, confirm the vesting and consult counsel where the marital history is unclear.

Statutory References

• Ark. Code § 18-12-106 — Joint tenants with right of survivorship
• Ark. Code § 18-12-603 — Tenancy-in-common default; survivorship must be expressly declared
• Ark. Code § 18-12-201, § 18-12-205 — Acknowledgment / authentication for recording
• Ark. Code § 14-15-404 — Recording with circuit clerk and ex officio recorder

TITLE INSURANCE NOTICE

IMPORTANT: Because Arkansas presumes tenancy in common and some title examiners prefer a confirmatory deed into the survivor's sole name, Affiant is STRONGLY ADVISED to have title examined and to obtain an owner's policy of title insurance before relying on this Affidavit alone.

☐ Affiant acknowledges receipt of this recommendation

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Arkansas Code Annotated Title 18, Chapter 12

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