Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Colorado

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 1" top margin required per C.R.S. § 30-10-406)

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF COLORADO
COUNTY OF _________________

The undersigned Affiant, being of legal age and first duly sworn upon oath, deposes and states as follows, of Affiant's own personal knowledge:

1. Affiant and Personal Knowledge

1.1 Affiant is _________________________________________ ("Affiant"), whose mailing address is _____________________________________________.

1.2 Affiant is over the age of eighteen (18) years, is competent to make this Affidavit, and makes the statements herein of Affiant's own personal knowledge of the facts.

2. The Decedent

2.1 _________________________________________ ("Decedent") died on [__/__/____], at _________________________ (city), _________________________ (county), _________________________ (state).

2.2 The Decedent named in this Affidavit is one and the same person as the joint tenant named in the recorded instrument described in Section 3 below.

3. Vesting Instrument Creating the Joint Tenancy

3.1 Title to the real property described in Exhibit A (the "Property") was vested in:

☐ _________________________ (Decedent) and _________________________ (Affiant/survivor), as joint tenants / as joint tenants with right of survivorship (JTWROS)

by that certain deed or instrument described as follows:

3.2 The above instrument expressly declared that the Property was conveyed "in joint tenancy," "as joint tenants," or "as joint tenants with right of survivorship," thereby creating an estate in joint tenancy with right of survivorship under C.R.S. § 38-31-101.

4. The Property

4.1 The Property affected by this Affidavit is legally described in Exhibit A attached hereto and incorporated by reference, and is commonly known as:

Street Address: _____________________________________________

Schedule or Parcel Number: _____________________________________________

County: _________________________, State of Colorado

5. Affiant Is the Surviving Joint Tenant

5.1 Affiant is the same person named as a surviving joint tenant (grantee) in the vesting instrument described in Section 3, and Affiant survived the Decedent.

☐ Affiant is the sole surviving joint tenant.

☐ There are two or more surviving joint tenants, whose names and interests are:
_____________________________________________
_____________________________________________

6. Vesting of Title by Right of Survivorship

6.1 Upon the death of the Decedent, by operation of the right of survivorship under C.R.S. § 38-31-101(6)(c), the Decedent's interest in the Property terminated, and title to the Property continued in the surviving joint tenant(s) free of the Decedent's interest.

6.2 No act of severance of the joint tenancy occurred prior to the Decedent's death. The Property was held in joint tenancy with right of survivorship continuously from the date of the vesting instrument through the date of the Decedent's death, and the joint tenancy was not severed, terminated, or conveyed away during that period.

7. Tax and Lien Statement

7.1 Estate / Inheritance Tax. Colorado has no state inheritance tax and no separate state estate tax. To the best of Affiant's knowledge:

☐ The Decedent's gross estate does not require the filing of a federal estate tax return (IRS Form 706), and no federal estate tax lien attaches to the Property.

☐ A federal estate tax return is or may be required; any resulting lien is being addressed as follows: _____________________________________________

7.2 Liens and Encumbrances. To the best of Affiant's knowledge, there are no unpaid liens, judgments, or unsatisfied obligations of the Decedent that attach to the Decedent's interest in the Property and survive the right of survivorship, except as follows:

☐ None known.

☐ As follows: _____________________________________________

8. Statutory Basis and Request to Record

8.1 This Affidavit is the "supplementary affidavit" contemplated by C.R.S. § 38-31-102, and is sworn to by a person of legal age having personal knowledge of the facts. It includes the legal description of the Property (Exhibit A) and the statement that the Decedent referred to in the attached certificate of death is the same person named in the recorded instrument creating the joint tenancy.

8.2 A certificate of death, verification-of-death document, or certified copy thereof of the Decedent is recorded herewith. When recorded, the certificate and this Affidavit shall be accepted in all courts of the State of Colorado as prima facie proof of the death of the joint tenant, pursuant to C.R.S. §§ 38-31-102 and 38-35-112.

8.3 Affiant requests that the County Clerk and Recorder accept this Affidavit and the accompanying certified death certificate for recording in the real property records of the county, to evidence the termination of the Decedent's interest and the vesting of title in the surviving joint tenant(s).

8.4 Affiant makes this Affidavit for the purpose of inducing the County Clerk and Recorder, any title insurer, and all other persons to rely upon the facts stated herein.

VERIFICATION AND JURAT

I, the undersigned Affiant, declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

AFFIANT:

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

STATE OF COLORADO
COUNTY OF _________________

Subscribed and sworn to (or affirmed) before me this _____ day of _________________, 20_____, by _________________________________________ (name of Affiant).

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of the Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Street Address: _____________________________________________

Schedule or Parcel Number: _____________________________________________

County of _________________, State of Colorado

ATTACHMENT — CERTIFIED DEATH CERTIFICATE

REQUIRED ATTACHMENT: A certified copy of the Decedent's certificate of death (or a verification-of-death document meeting the requirements of C.R.S. § 38-35-112) must be recorded together with this Affidavit pursuant to C.R.S. § 38-31-102. Confirm the certified copy is acceptable for recording in the county where the Property is located.

☐ Certified copy of Decedent's death certificate attached and recorded herewith.

COLORADO RECORDING NOTES

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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