Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is recorded to clear record title after the death of a joint tenant or a tenant by the entirety. In Delaware, an estate in joint tenancy must be expressly created (25 Del. C. § 701); upon a joint tenant's death the deceased tenant's interest terminates and title vests in the surviving joint owner(s) by right of survivorship. Record this affidavit with the Recorder of Deeds together with a certified copy of the death certificate. Obtain title review by a Delaware attorney and title insurer before recording.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Delaware

RECORDING INFORMATION

Prepared By and Return To:
_____________________________________________
Name
_____________________________________________
Address
_____________________________________________
Delaware Bar No. (if attorney): ______________

PROPERTY INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF DELAWARE )
                 ) ss.
[COUNTY] COUNTY )

BE IT REMEMBERED that the undersigned Affiant, being of legal age and duly sworn according to law, deposes and says, of Affiant's own personal knowledge:

1. Affiant and Personal Knowledge

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

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.

2. The Decedent

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

2.2 The Decedent is one and the same person as the joint tenant (grantee) named in the Vesting Deed described in Section 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.

3. Vesting Deed Creating the Joint Tenancy / Tenancy by the Entirety

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

☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], to be held as joint tenants and not as tenants in common, with right of survivorship
☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], husband and wife / spouses, as tenants by the entirety

3.2 The Vesting Deed expressly granted the Property to the grantees to be held as joint tenants and not as tenants in common (or as tenants by the entirety), thereby creating an estate with right of survivorship under 25 Del. C. § 701 (and, as to spouses, consistent with 25 Del. C. § 309).

4. The Property

4.1 The Property affected by this Affidavit is more particularly described in Exhibit A attached hereto and made a part hereof, and is commonly known as:

Street Address: [STREET ADDRESS, CITY, DE ZIP]

Hundred: _________________________

Tax Parcel ID: _________________________

[COUNTY] County, State of Delaware

5. Affiant Is the Surviving Joint Tenant

5.1 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: _____________________________________________

6. Vesting of Title by Right of Survivorship

6.1 Upon the death of the Decedent, by operation of the right of survivorship under 25 Del. C. § 701 (and, in the case of a tenancy by the entirety, by operation of law), the Decedent's interest in the Property terminated and title to the Property vested in and continued in the surviving joint owner(s) free of the Decedent's interest, without the necessity of probate as to the Property.

6.2 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.

7. Tax and Lien Statement

7.1 Estate / Inheritance Tax. Delaware imposes 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. 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: _____________________________________________

(For property held by the entirety, note that under 25 Del. C. § 309(c) entireties property is not subject to the claims of a creditor of only one spouse.)

8. Statutory Basis and Request to Record

8.1 This Affidavit is made to evidence of record the death of the Decedent and the vesting of title in the surviving joint owner(s) by right of survivorship, and to clear title in the records of the Recorder of Deeds for [COUNTY] County.

8.2 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 25 Del. C. § 153.

8.3 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.

VERIFICATION AND JURAT

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

AFFIANT:

_____________________________________________ (SEAL)
[AFFIANT NAME]
Signature of Affiant

Date: _____________________________________________

STATE OF DELAWARE )
                 ) ss.
[COUNTY] COUNTY )

BE IT REMEMBERED that on this _____ day of _________________, 20_____, personally came before me, the subscriber, a Notary Public for the State of Delaware, [AFFIANT NAME], the Affiant named in the foregoing Affidavit, known to me (or satisfactorily proven) to be such, who, being by me duly sworn, did subscribe and swear to the foregoing Affidavit as Affiant's act and deed and as true and correct.

GIVEN under my hand and seal of office, the day and year aforesaid.

_____________________________________________
Notary Public
My Commission Expires: _____________________________________________

[NOTARY SEAL]

EXHIBIT A — LEGAL DESCRIPTION

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

County: [COUNTY]
Hundred: [HUNDRED NAME]
Tax Parcel ID: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
ALL that certain lot, piece, or parcel of land and premises situated in [HUNDRED], [COUNTY] County, State of Delaware, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

BEING the same lands and premises conveyed to [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as joint tenants with right of survivorship (or as tenants by the entirety), by deed of [PRIOR GRANTOR] dated [DATE] and recorded in the Office of the Recorder of Deeds in and for [COUNTY] County, Delaware, in Deed Book _____, Page _____.

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.

DELAWARE RECORDING NOTES

Recording Offices

Record at the Recorder of Deeds for the county where the Property is located:

• Kent County — Recorder of Deeds, Dover
• New Castle County — Recorder of Deeds, Wilmington
• Sussex County — Recorder of Deeds, Georgetown

Document Requirements

☐ Affidavit sworn before a notary public (25 Del. C. § 122 within Delaware; § 129 outside Delaware)
☐ Certified copy of Decedent's death certificate recorded with the Affidavit
☐ Legal description of the Property (Exhibit A)
☐ Tax Parcel ID on the face of the document
☐ Name and address for return of recorded document

Transfer Tax

A transfer occurring by right of survivorship on the death of a joint owner is generally NOT a taxable conveyance for Delaware Realty Transfer Tax purposes (30 Del. C. § 5401 et seq.). Confirm exemption documentation with the Recorder of Deeds / Division of Revenue.

Statutory References

• 25 Del. C. § 701 — Creation of estate in joint tenancy; express words required
• 25 Del. C. § 309 — Conveyances between spouses; tenancy by the entirety
• 25 Del. C. § 122 / § 129 — Acknowledgment within / outside Delaware
• 25 Del. C. § 153 — Recording in the office of the recorder of deeds

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 Delaware attorney before using this form.