Affidavit of Surviving Joint Tenant

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant clears record title after the death of a joint tenant or a tenant by the entirety. In Florida, the right of survivorship does NOT exist for a joint tenancy unless the instrument creating the estate expressly provides for it (Fla. Stat. § 689.15); survivorship is automatic only for an estate by the entirety between spouses. To clear title, Florida practice records (1) a certified copy of the death certificate, (2) this affidavit (and, for entireties property, an Affidavit of Continuous Marriage), and (3) an Affidavit of No Florida Estate Tax (Form DR-312 or DR-313). Consult a Florida attorney and title insurer before recording.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Florida

RECORDING INFORMATION

This Instrument Prepared By:
_____________________________________________
Name
_____________________________________________
Address
_____________________________________________
Florida Bar No. (if attorney): _______________

After Recording Return To:
_____________________________________________
Name
_____________________________________________
Address
_____________________________________________

PROPERTY INFORMATION

PARTIES

AFFIANT / SURVIVING JOINT TENANT:

Name: [AFFIANT FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Relationship to Decedent:
☐ Surviving spouse (tenancy by the entirety)
☐ Surviving joint tenant with right of survivorship
☐ Other surviving co-owner: _________________________

DECEDENT:

Name: [DECEDENT FULL LEGAL NAME]

Date of Death: [__/__/____]

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF FLORIDA
COUNTY OF ____________________

BEFORE ME, the undersigned authority, personally appeared the Affiant named below, who, being by me first duly sworn, 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]. Affiant is over the age of eighteen (18), is competent to make this Affidavit, and has personal knowledge of the matters stated herein.

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 / tenant by the entirety 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 conveyed to:

☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as joint tenants with right of survivorship (the Vesting Deed expressly provided for the right of survivorship as required by Fla. Stat. § 689.15)
☐ [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], husband and wife, as tenants by the entirety

3.2 The Property was held as an estate by the entirety (between spouses) or as a joint tenancy in which the Vesting Deed expressly provided for the right of survivorship, so that the right of survivorship applies notwithstanding Fla. Stat. § 689.15.

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, FL ZIP]

Parcel Identification Number: [PARCEL ID]

[COUNTY] County, State of Florida

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 / surviving spouse.

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

6. Continuous Marriage (Tenancy by the Entirety Only)

6.1 Complete this Section only if the Property was held as tenancy by the entirety. Affiant and the Decedent were lawfully married to each other on [__/__/____], and remained continuously married to each other, without any intervening divorce or dissolution of marriage, from the date of the Vesting Deed through the date of the Decedent's death.

☐ Not applicable (Property held as joint tenancy with right of survivorship, not entireties).

7. Vesting of Title by Right of Survivorship

7.1 Upon the death of the Decedent, by operation of the right of survivorship under Fla. Stat. § 689.15 (and, in the case of an estate 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 co-owner(s) free of the Decedent's interest, without the necessity of probate as to the Property.

7.2 The joint tenancy (or tenancy by the entirety) was not severed, 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.

8. Tax and Lien Statement

8.1 Florida Estate Tax. Florida imposes no separate state estate tax for decedents dying after December 31, 2004. To the best of Affiant's knowledge:

☐ No federal estate tax return (IRS Form 706) is required for the Decedent's estate, and an Affidavit of No Florida Estate Tax (Form DR-312) is being recorded herewith / contemporaneously.

☐ A federal estate tax return is required; a Form DR-313 is being recorded, and the federal estate tax matters are being addressed as follows: _____________________________________________

8.2 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: _____________________________________________

9. Homestead

9.1 To the best of Affiant's knowledge, the Property:

☐ Was the constitutional homestead of the Decedent and Affiant. As entireties / survivorship property passing to the surviving spouse, it passed outside probate and outside the homestead devise restrictions; Affiant claims and is entitled to the Florida homestead and any applicable homestead tax exemption.

☐ Was not homestead property.

10. Statutory Basis and Request to Record

10.1 This Affidavit is made to evidence of record the death of the Decedent and the vesting of title in the surviving co-owner(s) by right of survivorship, and to clear title in the Official Records of [COUNTY] County.

10.2 A certified copy of the Decedent's death certificate is recorded herewith. Affiant requests that the Clerk of the Circuit Court / County Comptroller accept this Affidavit and the certified death certificate for recording pursuant to Fla. Stat. §§ 28.222 and 695.26.

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

VERIFICATION AND JURAT

Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true and correct.

AFFIANT:

_____________________________________________
[AFFIANT NAME]
Signature of Affiant

Date: _____________________________________________

WITNESSES (optional):

Witness 1: _____________________________________________
Print Name: _____________________________________________

Witness 2: _____________________________________________
Print Name: _____________________________________________

STATE OF FLORIDA
COUNTY OF ____________________

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization this _____ day of _________________, 20_____, by [AFFIANT NAME].

He/She is ☐ personally known to me or ☐ has produced _____________________ as identification.

_____________________________________________
Notary Public, State of Florida
Print Name: _____________________________________________
My Commission Expires: _____________________________________________
Commission No.: _____________________________________________

[NOTARY SEAL]

EXHIBIT A — LEGAL DESCRIPTION

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

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example:
Lot ___, Block ___, [SUBDIVISION NAME], according to the plat thereof as recorded in Plat Book ___, Page ___, of the Public Records of [COUNTY] County, Florida.

Being the same property conveyed to [DECEDENT NAME] and [AFFIANT/SURVIVOR NAME], as tenants by the entirety (or as joint tenants with right of survivorship), by deed recorded in O.R. Book _____, Page _____ (Instrument No. _____), Public Records of [COUNTY] County, Florida.

ATTACHMENT — CERTIFIED DEATH CERTIFICATE

REQUIRED ATTACHMENT: A certified copy of the Decedent's death certificate must be recorded together with this Affidavit with the Clerk of the Circuit Court. The recorded certificate proves the death of the joint tenant. A Florida death certificate without cause of death is generally used for recording (the Clerk will redact cause of death if shown).

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

FLORIDA RECORDING NOTES — THREE-STEP TITLE CLEARANCE

Florida practice to clear jointly held real property on the death of a co-owner typically requires recording, in the county where the Property is located:

1. Certified copy of the death certificate (Fla. Stat. § 28.222) — proves the death of the joint tenant. Record in each county where the Property is located.
2. This Affidavit of Surviving Joint Tenant (and, for entireties property, an Affidavit of Continuous Marriage — incorporated as Section 6 above) — confirms the survivor is the same person named in the Vesting Deed and that the survivorship estate was unbroken through death.
3. Affidavit of No Florida Estate Tax — Form DR-312 (or DR-313 if a federal Form 706 is required) — clears the Property of any Florida estate tax concern (Fla. Stat. §§ 198.32, 198.13 et seq.).

Recording Office

Clerk of the Circuit Court / County Comptroller, [COUNTY] County, Florida.

Statutory References

• Fla. Stat. § 689.15 — Estates by survivorship; survivorship requires express provision (except entireties)
• Fla. Stat. § 695.26 — Requirements for recording instruments
• Fla. Stat. § 92.50 — Oaths, affidavits, and acknowledgments
• Fla. Stat. § 28.222 — Clerk to record certified copies (death certificates)
• Fla. Stat. § 198.32 — Estate tax; recording in clerk's office

TITLE INSURANCE NOTICE
The surviving joint tenant is advised to confirm with a Florida title insurer that recording this Affidavit, the certified death certificate, and (where applicable) the Affidavit of Continuous Marriage and DR-312/DR-313 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 Florida attorney before using this form.