Affidavit of Surviving Joint Tenant - District of Columbia

IMPORTANT LEGAL NOTICE
This affidavit states facts supporting a surviving joint tenant's or tenant by the entirety holder's title. It is not a deed or a substitute for the Recorder of Deeds' surviving-tenant submission. The Recorder currently asks for a newly drafted deed, Form FP-7/C, a copy of the death certificate, and a recorded copy of the prior deed. Confirm the vesting deed's language under D.C. Code § 42-516 and have D.C. real estate counsel and the title insurer review the submission.

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 uses the co-ownership language selected above. Affiant claims a surviving interest under that deed. D.C. Code § 42-516(a) requires an express declaration to create a joint tenancy rather than the statutory tenancy-in-common default; subsection (c) permits a tenancy by the entirety in a conveyance to spouses or domestic partners.

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 Continuity of the Co-Tenancy

(a) Affiant claims a surviving interest under the Vesting Deed described above. This Affidavit records the facts supporting that claim; it does not determine whether the Vesting Deed created a survivorship estate or resolve any probate, tax, or lien question.

(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 Purpose of Affidavit

(a) This Affidavit is made to document the Decedent's death, the identity of the surviving co-tenant(s), and the vesting deed for use with the surviving-tenant title submission.

(b) A copy of the Decedent's death certificate and a recorded copy of the prior deed are supplied with the newly drafted deed and Form FP-7/C required by the Recorder of Deeds. This Affidavit itself does not convey title.

(c) Affiant makes this Affidavit to support review of the surviving-tenant submission by the Recorder of Deeds and any title insurer.

3. VERIFICATION AND JURAT

Affiant swears that the foregoing factual statements are true and correct to the best of Affiant's personal knowledge.

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. SUPPORTING DOCUMENTS

The Recorder of Deeds asks for a copy of the death certificate and a recorded copy of the prior deed with the surviving-tenant submission. Confirm whether the Recorder and title insurer need a certified copy in this transaction.

☐ Copy of Decedent's death certificate supplied.
☐ Recorded copy of the prior deed supplied.

6. DISTRICT OF COLUMBIA RECORDING NOTES

Recording Office

Submit this signed affidavit as supporting evidence if requested by the Recorder of Deeds of the District of Columbia or the title insurer. Follow the Recorder's current deed and tax-form requirements for the surviving-tenant filing.

Document Requirements

☐ Affidavit sworn before a notary public (jurat)
☐ Newly drafted deed, Form FP-7/C, death-certificate copy, and recorded prior deed assembled
☐ 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

Complete Form FP-7/C for the surviving-tenant submission. Confirm whether an exemption applies to the deed and which supporting documents the Office of Tax and Revenue requires.

Statutory References

• D.C. Code § 42-516 — Tenancies in common, by the entireties, and joint tenancies
• D.C. Code § 42-401 — Effective date of deeds; exception
• D.C. Recorder of Deeds, ROD FAQs — Surviving-tenant submission documents

TITLE INSURANCE NOTICE
Confirm with a title insurer what additional evidence it needs to insure the surviving owner's title. The Recorder's current surviving-tenant submission includes a newly drafted deed, Form FP-7/C, a death-certificate copy, and the recorded prior deed.

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.