Affidavit of Surviving Joint Tenant - Georgia

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Georgia

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

STATE OF GEORGIA
COUNTY OF _________________

AFFIANT IDENTIFICATION

PERSONALLY APPEARED before the undersigned officer duly authorized to administer oaths in the State of Georgia, [AFFIANT FULL LEGAL NAME] ("Affiant"), whose mailing address is [AFFIANT ADDRESS], who, being first duly sworn, deposes and states upon personal knowledge as follows:

1. Competency and Personal Knowledge. Affiant is over the age of eighteen (18) years, is competent to testify, is under no legal disability, and has personal knowledge of the matters stated herein. This Affidavit is made of Affiant's own personal knowledge for the purpose of establishing that title to the real property described below has vested in the surviving joint tenant(s) by right of survivorship.

SWORN RECITALS

2. Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent"), who died on the _____ day of _________________, 20_____, at [PLACE OF DEATH — City, County, State], was, at the time of death, a record owner of the real property described in Exhibit "A" attached hereto.

☐ A certified copy of Decedent's certificate of death is attached hereto and incorporated by reference (O.C.G.A. § 31-10-26).

3. Vesting Deed Creating Joint Tenancy with Survivorship. Title to the real property described in Exhibit "A" was conveyed to Decedent and Affiant (and ____________________, if applicable) as joint tenants with right of survivorship, and not as tenants in common, by that certain [GRANTING INSTRUMENT — e.g., Warranty Deed] dated the _____ day of _________________, 20_, and recorded on the _____ day of _________________, 20___, in Deed Book _______, Page _______, in the Office of the Clerk of the Superior Court of _________________ County, Georgia (the "Vesting Deed"). The Vesting Deed expressly referred to the takers as "joint tenants with survivorship" (or language essentially the same), creating a joint tenancy with survivorship under O.C.G.A. § 44-6-190.

4. Legal Description and Parcel. The real property (the "Property") is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

• Property Address: _____________________________________________
• Tax Parcel Identification Number: _____________________________________________
• Land Lot / District: _____________________________________________

5. Affiant Is the Surviving Joint Tenant. Affiant is the same person named as a surviving joint tenant in the Vesting Deed. The joint tenancy created by the Vesting Deed was never severed by any recorded lifetime transfer, divorce affidavit, or other instrument prior to Decedent's death, and remained in full force and effect as of the date of Decedent's death.

6. Vesting by Right of Survivorship. Upon the death of Decedent, by operation of the right of survivorship under O.C.G.A. § 44-6-190, Decedent's interest in the Property terminated and full title to the Property vested in the surviving joint tenant(s):

☐ [AFFIANT NAME], as sole surviving joint tenant, who now owns the Property in fee simple; or

☐ [AFFIANT NAME] and ____________________, as the surviving joint tenants with right of survivorship.

Decedent's interest in the Property did not pass through Decedent's estate, is not subject to administration, and forms no part of any year's support, probate, or intestate distribution.

7. Estate, Inheritance Tax, and Liens. As of the date hereof, to the best of Affiant's knowledge and belief:

☐ No Georgia estate tax or inheritance tax is due in connection with Decedent's death. (Georgia imposes no separate state estate or inheritance tax.)

☐ There are no unpaid liens, judgments, or unsatisfied encumbrances against Decedent or the Property arising by, through, or under Decedent, except as follows:
_____________________________________________
_____________________________________________

☐ Any federal estate tax that may be due has been or will be paid, and no federal estate tax lien encumbers the Property except as noted above.

8. Statutory Basis and Request to Record. This Affidavit is made pursuant to O.C.G.A. § 44-6-190 and the recording provisions of O.C.G.A. § 44-2-1 et seq., for the purpose of establishing of record that, by right of survivorship, title to the Property has vested in the surviving joint tenant(s). Affiant requests that this Affidavit be recorded in the real property records of the Office of the Clerk of the Superior Court of _________________ County, Georgia, to clear title to the Property.

9. Reliance. Affiant makes this Affidavit knowing that title examiners, title insurers, purchasers, lenders, and other interested parties will rely upon the statements herein in determining the state of title to the Property.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

Signed, sealed, and delivered in the presence of the unofficial witness and the officer below:

_____________________________________________ (SEAL)
[AFFIANT NAME], Affiant

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Unofficial Witness (O.C.G.A. § 44-2-14)

_____________________________________________
Printed Name

STATE OF GEORGIA
COUNTY OF _________________

Sworn to and subscribed before me by [AFFIANT NAME], who is personally known to me or who produced _________________________ as identification, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, State of Georgia

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

All that tract or parcel of land lying and being in Land Lot _______ of the _______ District of _________________ County, Georgia, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Address: _____________________________________________

Tax Parcel Identification Number: _____________________________________________

Being the same property conveyed to Decedent and Affiant as joint tenants with right of survivorship by the Vesting Deed recorded in Deed Book _______, Page _______, aforesaid records.

ATTACHMENT — CERTIFIED DEATH CERTIFICATE

☐ A certified copy of the certificate of death of [DECEDENT NAME] is attached hereto and recorded herewith.

NOTE: Georgia recording offices customarily require, and title examiners expect, a certified copy of the decedent's death certificate to be recorded together with this Affidavit (O.C.G.A. § 31-10-26). Some clerks redact or limit the cause-of-death portion; confirm the local clerk's requirements before recording.