Affidavit of Surviving Joint Tenant - Idaho

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a sworn instrument used to clear title after the death of one co-owner who held title with a right of survivorship — either as a joint tenant or as a spouse holding community property WITH right of survivorship. Idaho is a community-property state, and an ordinary "community property" estate does NOT carry survivorship; survivorship exists only where the vesting deed expressly so declares (Idaho Code §§ 55-104, 55-508, 15-6-401). Idaho imposes no state real estate transfer tax. Obtain title insurance for complete protection.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Idaho

[3" TOP MARGIN REQUIRED FOR RECORDING STAMPS]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Idaho Bar No. (if attorney): __________________

PROPERTY / DOCUMENT INFORMATION

RECORDING FEES

Note: Idaho does NOT impose a state real estate transfer tax.

AFFIANT IDENTIFICATION

STATE OF IDAHO       )
                     ) ss.
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 is made for the purpose of establishing that title to the real property described in Exhibit A has vested in the surviving owner(s) by right of survivorship.

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"). A certified copy of Decedent's certificate of death is attached hereto and recorded herewith.

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 with right of survivorship (Idaho Code §§ 55-104, 55-508); 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 surviving joint tenant (or surviving spouse holding community property with right of survivorship) in the Vesting Instrument. The survivorship estate created by the Vesting Instrument was never severed, terminated, or converted by any recorded conveyance, divorce, 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 declared in the Vesting Instrument under Idaho Code §§ 55-104 and 55-508 (or § 15-6-401, if community property with right of survivorship), Decedent's interest in the Property terminated and full title to the Property vested in the surviving owner(s):

☐ [AFFIANT NAME], as sole surviving owner, who now holds the Property in fee simple; or

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

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

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

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

☐ Any federal estate tax that may be due has been or will be paid, and no federal estate tax lien (26 U.S.C. § 6324) encumbers the Property except as noted below.

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

________________________________________________________________
________________________________________________________________

8. Statutory Basis and Request to Record. This Affidavit is made pursuant to Idaho Code §§ 55-104, 55-508, and 15-6-401, and the recording provisions of Idaho Code §§ 55-808 and 55-811, for the purpose of establishing of record that title to the Property has vested in the surviving owner(s) by right of survivorship. Affiant requests that this Affidavit, together with the attached certified death certificate, be recorded in the records of the Recorder of [COUNTY] County, Idaho, to clear title to the Property.

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

VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I declare under penalty of perjury pursuant to the laws of the State of Idaho that the foregoing is true and correct.

________________________________________
[AFFIANT NAME], Affiant

Date: _________________________

Jurat (Idaho — Idaho Code § 55-805; Idaho Code Title 51, Chapter 1)

STATE OF IDAHO       )
                     ) ss.
COUNTY OF __________ )

Subscribed and sworn to before me on this _____ day of
_________________, 20_____, by ___________________________________,
known or identified to me to be the person whose name is subscribed
to the within instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.

________________________________________
Notary Public for Idaho
Residing at: ___________________________
My Commission Expires: _________________

[NOTARY SEAL]

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 hereto and recorded herewith.

NOTE: A certified copy of the decedent's death certificate is customarily recorded together with this Affidavit so that the survivorship vesting appears of record and is acceptable to title examiners and insurers.

IDAHO RECORDING REQUIREMENTS

• Filing Office: County Recorder, [COUNTY] County, Idaho (Idaho Code § 55-808).
• Recording Fee: $15.00 flat fee for an instrument of 30 pages or less (Idaho Code § 31-3205); confirm current fee with the county recorder.
• Transfer Tax: Idaho imposes NO state or county real estate transfer tax.
• Top margin on the first page for the county recorder's stamp; requirements vary by county (confirm locally).
• Acknowledgment / jurat before a notary public or other officer authorized under Idaho Code Title 51, Chapter 1 (Revised Uniform Law on Notarial Acts), as required for recording by Idaho Code § 55-805.
• Effect of recording (Idaho Code § 55-811): recording is constructive notice of the contents to subsequent purchasers and mortgagees.

Statutory References

• Idaho Code § 55-104 — interests in common; joint interest must be declared
• 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 (supersedes the repealed Idaho Code Title 55, Chapter 7, which formerly included § 55-701)
• Idaho Code § 55-808 — recording
• Idaho Code § 55-811 — effect of recording