Affidavit of Surviving Joint Tenant - Delaware
Before filing: File this affidavit with the Register of Wills in the Delaware county where the real property is located within three months after death (12 Del. C. § 1905(e)). Use that county's current jointly held real property affidavit if the Register requires it. The New Castle, Kent, and Sussex county forms request a certified death certificate; Kent also requests a copy of its property/parcel search record.
AFFIDAVIT OF SURVIVING JOINT TENANT
To the Register of Wills of [NEW CASTLE / KENT / SUSSEX] County, Delaware
Estate of: [DECEDENT FULL LEGAL NAME]
Estate / folio number, if any: [________________]
State of: [________________] County of: [________________]
Before me, the undersigned notarial officer, personally appeared [AFFIANT FULL LEGAL NAME], who, being duly sworn or affirmed, states on personal knowledge:
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I am the ☐ surviving joint tenant ☐ personal representative of [DECEDENT FULL LEGAL NAME]. The decedent died on [__/__/____]. A certified copy of the death certificate is attached.
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At death, the decedent held the following Delaware real property jointly with [NAME(S) OF OTHER OWNER(S)]:
| Property detail | Information |
|---|---|
| Street address | [STREET, CITY, DELAWARE ZIP] |
| County | [________________] |
| Tax parcel number | [________________] |
| Vesting deed date and record reference | [DATE; INSTRUMENT / BOOK AND PAGE] |
| Ownership shown in vesting deed | ☐ Joint tenancy with right of survivorship ☐ Tenancy by the entirety |
| Legal description or attached exhibit | [________________] |
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Under the vesting deed, the real property passed by operation of survivorship to [SURVIVING OWNER NAME(S)], whose address(es) are [FULL MAILING ADDRESS(ES)]. Each survivor's relationship to the decedent is [RELATIONSHIP, IF ANY].
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The person named in the certified death certificate is the deceased owner named in the vesting deed. Any name variation is explained as follows: [NONE / EXPLANATION].
I make this affidavit for filing under 12 Del. C. § 1905(e). The property description and surviving owner information above are true to the best of my knowledge.
Affiant signature: ______________________________ Date: [__/__/____]
Printed name: [________________]
Mailing address: [________________]
Sworn or affirmed before me on [__/__/____].
Notarial officer signature: ______________________________
Printed name and title: [________________]
Commission expiration, if applicable: [__/__/____]
Attachments: ☐ Certified death certificate ☐ Vesting deed or record reference ☐ Property/parcel search record if required by county ☐ Legal description exhibit if needed
Sources and references
About this template
- Last updated
- September 30, 2026
- Citations checked
- September 30, 2026
- Jurisdiction
- Delaware
- Category
- Real Estate
Legal authority
- 12 Del. C. § 1905(e) (affidavit for jointly held real property)
- 25 Del. C. § 701 (express creation of joint tenancy)
- 25 Del. C. § 309(b) (conveyance to spouses as joint tenants or tenants by the entirety)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 30, 2026.
12 Del. C. § 1905(e) (checked September 30, 2026): "the personal representative or the surviving joint tenant shall, within 3 months after the decedent’s death, complete and file an affidavit in the office of the Register of Wills of the county in which the real property is located with a statement setting forth a general description of the real estate and the name of the surviving owner."
25 Del. C. § 701 (checked September 30, 2026): "unless the premises therein mentioned are expressly granted, devised or conveyed to such persons, to be held as joint tenants and not as tenants in common."
25 Del. C. § 309(b) (checked September 30, 2026): "either as joint tenants with right of survivorship or as tenants by the entirety, shall, if otherwise valid, be as fully effective to vest either an estate in joint tenancy with right of survivorship or an estate as tenants by the entirety"
Kent County Register of Wills Jointly Held Real Estate Affidavit (revised February 27, 2026) (checked September 30, 2026): "The decedent owned the following real property located in Delaware at the time of death which was titled in the joint names of the decedent"
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