Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is recorded with the D.C. Recorder of Deeds to clear record title after the death of a joint tenant or a tenant by the entirety. Under D.C. Code § 42-516, a joint tenancy must be expressly declared, and a tenancy by the entirety may be created in a conveyance to spouses or domestic partners; on the death of one such co-tenant, the surviving co-tenant becomes sole owner by right of survivorship. Record this affidavit together with a certified copy of the death certificate. Consult a D.C. real estate attorney and title insurer before recording.

AFFIDAVIT OF SURVIVING JOINT TENANT

District of Columbia

1. DOCUMENT HEADER & RECORDING INFORMATION

Prepared By:
_____________________________________________

Return Recorded Document To:
_____________________________________________
_____________________________________________
_____________________________________________

Mail Tax Statements To:
_____________________________________________
_____________________________________________

RECORDER OF DEEDS INFORMATION

2. AFFIDAVIT OF SURVIVING JOINT TENANT

DISTRICT OF COLUMBIA, ss.:

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

2.1 Affiant and Personal Knowledge

(a) Affiant is [AFFIANT FULL LEGAL NAME] ("Affiant"), whose address is [AFFIANT ADDRESS].

(b) 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.

2.2 The Decedent

(a) [DECEDENT FULL LEGAL NAME] ("Decedent") died on [__/__/____], at [CITY], [JURISDICTION/STATE].

(b) The Decedent is one and the same person as the joint tenant (grantee) named in the vesting deed described in Section 2.3 below. Any variation between the Decedent's name as shown on the vesting deed and on the death certificate refers to one and the same person.

2.3 Vesting Deed Creating the Joint Tenancy / Tenancy by the Entirety

(a) By deed (the "Vesting Deed"), title to the real property described in Exhibit A (the "Property") was granted to:

☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as joint tenants (expressly declared a joint tenancy)
☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as joint tenants with right of survivorship
☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], spouses / domestic partners, as tenants by the entirety

(b) The Vesting Deed expressly declared a joint tenancy (or created a tenancy by the entirety in a conveyance to spouses or domestic partners) within the meaning of D.C. Code § 42-516, and the estate carried the right of survivorship.

2.4 The Property

(a) The Property affected by this Affidavit is described in Exhibit A attached hereto and incorporated by reference, and is identified as:

Street Address: [STREET ADDRESS, WASHINGTON, DC ZIP]

Square: [NUMBER]    Suffix: [SUFFIX]    Lot: [NUMBER]

A&T Number: _________________________

2.5 Affiant Is the Surviving Joint Tenant

(a) Affiant is the same person named as a surviving grantee (joint tenant / tenant by the entirety) in the Vesting Deed, and Affiant survived the Decedent.

☐ Affiant is the sole surviving joint tenant.

☐ There are two or more surviving joint tenants, namely: _____________________________________________

2.6 Vesting of Title by Right of Survivorship

(a) Upon the death of the Decedent, by operation of the right of survivorship attaching to a joint tenancy or tenancy by the entirety under D.C. Code § 42-516, the Decedent's interest in the Property terminated and title to the Property vested in and continued in the surviving co-tenant(s) free of the Decedent's interest, without the necessity of probate as to the Property.

(b) The joint tenancy (or tenancy by the entirety) was not severed, partitioned, terminated, or conveyed away prior to the Decedent's death, and remained in full force from the date of the Vesting Deed through the date of the Decedent's death.

2.7 Tax and Lien Statement

(a) Estate Tax. To the best of Affiant's knowledge:

☐ A District of Columbia estate tax return (Form D-76) is not required, and no D.C. estate tax is due.

☐ A District of Columbia estate tax return is or may be required; any resulting matters are being addressed as follows: _____________________________________________

(b) Federal 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, except as follows: _____________________________________________

(c) Liens. To the best of Affiant's knowledge, there are no unpaid liens, judgments, or unsatisfied obligations of the Decedent that attach to and survive against the Property by reason of the right of survivorship, except:

☐ None known.
☐ As follows: _____________________________________________

2.8 Statutory Basis and Request to Record

(a) This Affidavit is made to evidence of record the death of the Decedent and the vesting of title in the surviving co-tenant(s) by right of survivorship, and to clear title in the land records of the District of Columbia.

(b) A certified copy of the Decedent's death certificate is recorded herewith. Affiant requests that the Recorder of Deeds accept this Affidavit and the certified death certificate for recording pursuant to D.C. Code §§ 42-401 and 47-1431.

(c) Affiant makes this Affidavit for the purpose of inducing the Recorder of Deeds, any title insurer, and all other persons to rely upon the facts stated herein.

3. VERIFICATION AND JURAT

I declare under penalty of perjury under the laws of the District of Columbia that the foregoing statements are true and correct.

AFFIANT:

_____________________________________________
[AFFIANT NAME]
Signature of Affiant

Date: _____________________________________________

DISTRICT OF COLUMBIA, ss.:

Subscribed and sworn to before me this _____ day of _________________, 20_____, by [AFFIANT NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

_____________________________________________
Notary Public, District of Columbia
My Commission Expires: _____________________________________________

[NOTARY SEAL]

4. EXHIBIT A — LEGAL DESCRIPTION

Property Address: [STREET ADDRESS, WASHINGTON, DC ZIP]

Legal Description:

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

Parcel Identification:

• Square: [NUMBER]
• Suffix: [SUFFIX]
• Lot: [NUMBER]
• A&T Number: [NUMBER]

Being the same property granted to [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as joint tenants (or as tenants by the entirety), by deed dated [DATE] and recorded among the land records of the District of Columbia as Instrument No. _____________________.

5. ATTACHMENT — CERTIFIED DEATH CERTIFICATE

REQUIRED ATTACHMENT: A certified copy of the Decedent's death certificate must be recorded together with this Affidavit at the Recorder of Deeds. The recorded certificate proves the death of the joint tenant.

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

6. DISTRICT OF COLUMBIA RECORDING NOTES

Recording Office

Record with the Recorder of Deeds of the District of Columbia.

Document Requirements

☐ Affidavit sworn before a notary public (jurat)
☐ Certified copy of Decedent's death certificate recorded with the Affidavit
☐ Square, Suffix, Lot, and A&T Number identified
☐ Legal description of the Property (Exhibit A)
☐ Name and address for return of recorded document

Transfer / Recordation Tax

A transfer occurring by right of survivorship on the death of a joint tenant or tenant by the entirety is generally exempt from D.C. recordation and transfer tax. Complete Form FP-7/C and confirm the applicable exemption with the Office of Tax and Revenue / Recorder of Deeds.

Statutory References

• D.C. Code § 42-516 — Tenancies in common, by the entireties, and joint tenancies
• D.C. Code § 42-101 — Estates in joint tenancy and survivorship
• D.C. Code § 42-401 — Instruments entitled to be recorded
• D.C. Code § 47-1431 — Recordation of deeds; time for recording

TITLE INSURANCE NOTICE
The surviving joint tenant is advised to confirm with a title insurer that recording this Affidavit and the certified death certificate is sufficient to clear and insure title in the survivor's name.

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