Affidavit of Surviving Joint Tenant - Illinois
AFFIDAVIT OF SURVIVING JOINT TENANT
Prepared by: [NAME, ADDRESS, PHONE]
Return recorded instrument to: [NAME AND MAILING ADDRESS]
County: [COUNTY], Illinois Property index number (PIN): [PIN]
Sworn statement
State of Illinois, County of [COUNTY]
I, [AFFIANT FULL LEGAL NAME], being first duly sworn, state from personal knowledge:
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I am the person named as [AFFIANT NAME AS SHOWN ON VESTING DEED] in the deed identified below.
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The real property is at [STREET ADDRESS], Illinois, PIN [PIN], and is more fully described in Exhibit A attached to this affidavit.
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The deed dated [DATE] and recorded [DATE] as document number [NUMBER] in [COUNTY] County conveyed the property to [LIST ALL GRANTEES EXACTLY AS SHOWN]. Its operative vesting language states: "[QUOTE EXACT JOINT-TENANCY LANGUAGE FROM DEED]". A copy of the recorded deed is [ATTACHED / AVAILABLE AS DOCUMENT NO. ____].
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[DECEASED JOINT TENANT FULL LEGAL NAME], one of those grantees, died on [DATE]. Evidence of death is [CERTIFIED DEATH CERTIFICATE ATTACHED / OTHER RECORD AND LOCATION].
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To my knowledge after reviewing [IDENTIFY TITLE OR RECORD SEARCH], I know of no instrument or judgment entered before that death that ended or severed the joint tenancy as to this property, except [NONE OR DESCRIBE]. The surviving grantee or grantees are [FULL NAMES].
I submit these facts for use in evaluating the survivorship interest stated in the recorded deed under 765 ILCS 1005/1. This affidavit does not itself convey title or determine the status of taxes, liens, or other encumbrances.
Affiant's signature: [________________________________]
Printed name: [________________________________] Date: [__/__/____]
Mailing address: [________________________________]
Notarial jurat
Subscribed and sworn to before me in [COUNTY] County, Illinois, on [DATE] by [AFFIANT FULL LEGAL NAME].
Notary signature: [________________________________]
Printed name: [________________________________]
Commission expiration: [__/__/____] Seal: [____________]
Exhibit A — legal description
[INSERT COMPLETE LEGAL DESCRIPTION FROM VESTING DEED]
PIN: [PIN]
About this template
- Last updated
- October 6, 2026
- Citations checked
- October 6, 2026
- Jurisdiction
- Illinois
- Category
- Real Estate
Legal authority
- 765 ILCS 1005/1 (Express joint tenancy and survivorship)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 6, 2026.
765 ILCS 1005/1 (checked October 6, 2026): "No estate in joint tenancy in any lands, tenements or hereditaments, or in any parts thereof or interest therein, shall be held or claimed under any grant, legacy or conveyance whatsoever heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass not in tenancy in common but in joint tenancy"
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