Affidavit of Surviving Joint Tenant - Idaho

Before recording: Compare the vesting instrument and later title record with this affidavit. A joint interest must be declared when created; a deed stating “joint tenants” includes survivorship under Anderson v. The Estate of Goffman, No. 52003 (Idaho Ct. App. 2025). Community property with right of survivorship must be expressly declared in the grant, transfer, or devise under Idaho Code § 15-6-401. Confirm the county recorder's acceptance requirements and obtain title review where needed.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Idaho

[SPACE FOR COUNTY RECORDING STAMP — confirm local layout requirements]

RECORDING INFORMATION

After Recording Return To: [NAME, COMPLETE MAILING ADDRESS]

Prepared By: [NAME, ADDRESS, IDAHO BAR NUMBER IF APPLICABLE]

PROPERTY / DOCUMENT INFORMATION

RECORDING FEES

Confirm the current fee for this instrument with the county recorder before submission. Idaho Code § 31-3205 uses different fee categories for deeds and other instruments.

AFFIANT IDENTIFICATION

State of Idaho, County of [____________].

[AFFIANT FULL LEGAL NAME] ("Affiant"), whose mailing address is [AFFIANT ADDRESS], being first duly sworn upon oath, 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 documents the claimed survivorship interest in the real property described in Exhibit A.

SWORN RECITALS

2. Decedent. [DECEDENT FULL LEGAL NAME] ("Decedent") died on the _____ day of _________________, 20_____, at [PLACE OF DEATH — City, County, State]. At the time of death, Decedent was a record owner of the real property described in Exhibit A attached hereto (the "Property"). Proof of death submitted with this affidavit: [CERTIFIED DEATH CERTIFICATE ATTACHED / PRIOR RECORDED DOCUMENT AND REFERENCE / OTHER ACCEPTED PROOF].

3. Vesting Instrument. Title to the Property was conveyed to Decedent and Affiant (and ____________________, if applicable) by that certain [GRANTING INSTRUMENT — e.g., Warranty Deed / Quitclaim Deed] dated the _____ day of _________________, 20_, and recorded on the _____ day of _________________, 20___, as Instrument No. _____________ in the records of the Recorder of [COUNTY] County, Idaho (the "Vesting Instrument"). The Vesting Instrument expressly declared that the grantees took title:

☐ as joint tenants [QUOTE EXACT DEED WORDING], which includes survivorship under Anderson v. The Estate of Goffman; or

☐ as husband and wife, as community property with right of survivorship (Decedent and Affiant being spouses), per Idaho Code § 15-6-401.

4. Legal Description and Parcel. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

• Property Address: _____________________________________________
• Parcel Number: _____________________________________________

5. Affiant Is the Surviving Owner. Affiant is the same person named as a joint tenant (or spouse holding community property with right of survivorship) in the Vesting Instrument. Affiant has reviewed the available title record through [DATE] and, to Affiant's knowledge, identifies no intervening conveyance, recorded termination affidavit, divorce, annulment, or order that severed or terminated the claimed survivorship interest before Decedent's death. Describe any exception: [NONE / DETAILS].

6. Surviving Owner(s). Based on the Vesting Instrument and the facts above, Affiant identifies the surviving owner(s) as:

☐ [AFFIANT NAME], as sole surviving owner; or

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

For the joint-tenancy option, Anderson v. The Estate of Goffman explains that survivorship is inherent in a joint tenancy. For the community-property-with-survivorship option, Idaho Code § 15-6-401 states that the interest transfers to the surviving spouse at death. This affidavit reports the death, vesting language, and survivor identity; it does not adjudicate disputed title or liens.

7. Known Title Exceptions. Affiant identifies these known conveyances, liens, judgments, probate claims, or other matters that may affect title: [NONE KNOWN / DESCRIBE AND PROVIDE RECORDING REFERENCES]. This statement does not certify that title is free of other interests.

8. Request to Record. Affiant requests recording in [COUNTY] County, Idaho, where the Property is located, under Idaho Code §§ 55-805 and 55-808. Affiant submits the death proof identified above with this factual affidavit for consideration in the title record.

9. Reliance. Affiant makes this Affidavit knowing that title examiners, title insurers, purchasers, and lenders may consider the statements herein in reviewing title to the Property.

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I swear or affirm that the foregoing is true and correct to the best of my personal knowledge.

Affiant signature: [________________________________]

Printed name: [AFFIANT NAME]

Date: _________________________

Notarial verification on oath or affirmation (Idaho Code § 51-116(3))

State of Idaho, County of [____________].

Signed and sworn to (or affirmed) before me on [DATE] by [AFFIANT NAME].

• Notary public signature: [________________________________]
• Commission expires: [DATE]
• Official stamp: [AFFIX STAMP]

Acknowledgment for recording (Idaho Code §§ 55-805, 51-116(1))

State of Idaho, County of [____________].

This record was acknowledged before me on [DATE] by [AFFIANT NAME].

• Notary public signature: [________________________________]
• Commission expires: [DATE]
• Official stamp: [AFFIX STAMP]

EXHIBIT A — LEGAL DESCRIPTION

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

Parcel Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], according to the official plat thereof, filed in Book ___ of Plats at Page(s) ___, records of [COUNTY] County, Idaho.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], Boise Meridian, [COUNTY] County, Idaho.
• [METES AND BOUNDS DESCRIPTION]

Being the same property conveyed to Decedent and Affiant by the Vesting Instrument recorded as Instrument No. _____________, [COUNTY] County records.

County: [COUNTY], Idaho

ATTACHMENT — CERTIFIED DEATH CERTIFICATE

☐ A certified copy of the certificate of death of [DECEDENT NAME] is attached for recording, subject to recorder acceptance.

NOTE: Confirm the county recorder's and title examiner's death-proof requirements. This affidavit does not replace their review of the vesting instrument and later title record.

IDAHO RECORDING REQUIREMENTS

• Filing Office: County Recorder, [COUNTY] County, Idaho (Idaho Code § 55-808).
• Recording Fee: Confirm the applicable affidavit fee with the county recorder under Idaho Code § 31-3205.
• Layout: Confirm the county's current margins and return-address requirements.
• Notarial acts: Obtain both the oath verification for the sworn statements and the acknowledgment of execution required by Idaho Code § 55-805 for recording, using certificates under §§ 51-115 and 51-116.
• Effect of recording: This affidavit reports facts for title review. Idaho Code § 55-811 addresses constructive notice from recorded conveyances and does not by itself guarantee title clearance by affidavit.

Statutory References

• Idaho Code § 55-104 — interests in common; joint interest must be declared
• Anderson v. The Estate of Goffman, No. 52003 (Idaho Ct. App. 2025) — "joint tenants" includes survivorship
• Idaho Code § 55-508 — cointerests deemed in common unless expressly otherwise
• Idaho Code § 15-6-401 — community property with right of survivorship
• Idaho Code § 55-805 — acknowledgment necessary to authorize recording
• Idaho Code Title 51, Chapter 1 — Revised Uniform Law on Notarial Acts
• Idaho Code § 55-808 — recording
• Idaho Code § 51-115 and § 51-116 — notarial certificates
• Idaho Code § 15-6-402 — termination and divorce effect for community property with survivorship