Affidavit of Surviving Joint Tenant - Illinois

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Illinois

Recording Requested By:
_____________________________________________

Mail To:
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Index Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF ILLINOIS
COUNTY OF _________________

The undersigned affiant, [AFFIANT FULL LEGAL NAME] ("Affiant"), whose address is [AFFIANT ADDRESS], being first duly sworn on oath, deposes and states upon personal knowledge as follows:

ARTICLE I: AFFIANT IDENTIFICATION

Section 1.1 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 estate described below has vested in the surviving owner(s) by right of survivorship.

ARTICLE II: SWORN RECITALS

Section 2.1 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 estate described in Exhibit "A" attached hereto (the "Real Estate"). A certified copy of Decedent's certificate of death is attached hereto and recorded herewith.

Section 2.2 Vesting Deed

Title to the Real Estate 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 Document No. _____________ in the Office of the Recorder of Deeds of _________________ County, Illinois (the "Vesting Deed"). The Vesting Deed expressly declared that the grantees took title:

☐ as joint tenants with the right of survivorship and not as tenants in common (765 ILCS 1005/1, 1b); or

☐ as tenants by the entirety (Decedent and Affiant being spouses, as to homestead property), per 765 ILCS 1005/1c.

Section 2.3 Legal Description and PIN

The Real Estate is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

• Property Address (Commonly Known As): _____________________________________________
• Permanent Index Number (PIN): _____________________________________________

Section 2.4 Affiant Is the Surviving Joint Tenant

Affiant is the same person named as a surviving joint tenant (or surviving spouse holding as tenant by the entirety) in the Vesting Deed. The survivorship estate created by the Vesting Deed was never severed, partitioned, or terminated by any recorded conveyance, judgment, divorce, or other instrument prior to Decedent's death, and remained in full force and effect as of the date of Decedent's death.

Section 2.5 Vesting by Right of Survivorship

Upon the death of Decedent, by operation of the right of survivorship under 765 ILCS 1005/1 (and 765 ILCS 1005/1b or 1c, as applicable), Decedent's interest in the Real Estate terminated and full title to the Real Estate vested in the surviving owner(s):

☐ [AFFIANT NAME], as sole surviving joint tenant / surviving tenant by the entirety, who now owns the Real Estate in fee simple; or

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

Decedent's interest in the Real Estate did not pass through Decedent's estate, is not subject to probate or administration, and forms no part of any intestate or testate distribution under the Probate Act of 1975 (755 ILCS 5/).

Section 2.6 Estate, Inheritance Tax, and Liens

As of the date hereof, to the best of Affiant's knowledge and belief:

☐ Any Illinois estate tax (35 ILCS 405/) that may be due in connection with Decedent's death has been or will be paid, and no Illinois estate tax lien encumbers the Real Estate except as noted below. (Illinois imposes an estate tax on larger estates; Illinois imposes NO 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 Real Estate except as noted below.

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

Section 2.7 Statutory Basis and Request to Record

This Affidavit is made pursuant to the Joint Tenancy Act, 765 ILCS 1005/1 et seq., and the recording provisions of the Conveyances Act, 765 ILCS 5/, for the purpose of establishing of record that title to the Real Estate 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 Office of the Recorder of Deeds of _________________ County, Illinois, to clear title to the Real Estate.

Section 2.8 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 Real Estate.

ARTICLE III: TRANSFER TAX

Section 3.1 Exempt Transfer

The vesting of title in the surviving joint tenant occurs by operation of law upon Decedent's death, not by a conveyance for consideration. This Affidavit is therefore exempt from the Illinois Real Estate Transfer Tax, and no PTAX-203 is required.

☐ Exempt under 35 ILCS 200/31-45(e) (transfer by operation of law / no consideration); exemption stamp not required.

ARTICLE IV: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure (735 ILCS 5/1-109), the undersigned certifies that the statements set forth in this Affidavit are true and correct.

_____________________________________________
[AFFIANT NAME], Affiant

_____________________________________________
Printed Name

Date: _____________________________________________

Section 4.1 Jurat (Illinois — 765 ILCS 5/20)

STATE OF ILLINOIS
COUNTY OF _________________

Subscribed and sworn to before me, the undersigned Notary Public in and for said County, in the State aforesaid, by [AFFIANT NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of the Real Estate:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Permanent Index Number (PIN): _____________________________________________

Property Address: _____________________________________________

Being the same real estate conveyed to Decedent and Affiant by the Vesting Deed recorded as Document No. _____________, aforesaid records.

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 required by Illinois title examiners and is recorded together with this Affidavit so that the survivorship vesting appears of record.

ILLINOIS RECORDING REQUIREMENTS AND INFORMATION

Important Illinois Notes

1. Joint tenancy must be expressly declared. Under 765 ILCS 1005/1, an estate is presumed to be a tenancy in common unless the instrument expressly declares it to pass "not in tenancy in common but in joint tenancy" (or with right of survivorship). If the Vesting Deed lacked such language, survivorship will NOT apply and probate may be required.
2. Tenancy by the entirety is available only for homestead property held by spouses and only if created in the manner provided by 765 ILCS 1005/1c.
3. No inheritance tax; Illinois does levy an estate tax on larger estates (35 ILCS 405/). Confirm clearance for the specific estate.
4. Legal counsel: Consultation with a licensed Illinois attorney is recommended.

This instrument was prepared by (55 ILCS 5/3-5022):

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Name

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Address

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Phone