Affidavit of Surviving Joint Tenant - Indiana

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Indiana

Prepared By:
_____________________________________________
(Name of preparer - IC 36-2-11-15(c). Indiana law does not require this document to be prepared by an attorney, but professional legal review is strongly recommended.)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

State Parcel Number:
_____________________________________________

2" TOP MARGIN REQUIRED (IC 36-2-11-16.5)

DOCUMENT INFORMATION

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. (IC 36-2-11-15)

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF INDIANA
COUNTY OF _________________

The undersigned affiant, [AFFIANT FULL LEGAL NAME] ("Affiant"), of [AFFIANT ADDRESS], being first duly sworn upon 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 Instrument No. _____________ in the Office of the Recorder of _________________ County, Indiana (the "Vesting Deed"). The Vesting Deed expressly declared that the grantees took title:

☐ as joint tenants with right of survivorship, and not as tenants in common (IC 32-17-2-1); or

☐ as husband and wife, as tenants by the entirety (Decedent and Affiant being spouses), per IC 32-17-3.

Section 2.3 Legal Description and Parcel

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

• Property Address: _____________________________________________
• State Parcel Number: _____________________________________________

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 IC 32-17-2-1 (and IC 32-17-3, in the case of a tenancy by the entirety), 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.

Section 2.6 Estate, Inheritance Tax, and Liens

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

☐ No Indiana inheritance tax is due in connection with Decedent's death. The Indiana inheritance tax (IC 6-4.1) was repealed for decedents dying after December 31, 2012, and Indiana imposes no state estate 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 IC 32-17-2-1 (and IC 32-17-3, as applicable) and the recording provisions of IC 32-21-2 and IC 36-2-11, 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 _________________ County, Indiana, 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 AND AUDITOR ENDORSEMENT

Section 3.1 Recording Fees and Disclosure Review

Confirm current county recording fees and whether a sales disclosure form or exemption applies before submission.

Section 3.2 County Auditor Endorsement

Vesting in the surviving joint tenant occurs by operation of law. Confirm with the County Auditor whether this Affidavit requires endorsement for taxation and a sales disclosure determination before recording with the County Recorder.

☐ County Auditor's endorsement obtained / not required (confirm with the Auditor)

ARTICLE IV: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

I affirm, under the penalties for perjury, that the foregoing representations are true and correct.

_____________________________________________
[AFFIANT NAME], Affiant

_____________________________________________
Printed Name (typed/printed below signature — IC 36-2-11-15)

Date: _____________________________________________

Section 4.1 Jurat (Indiana — IC 32-21-2)

STATE OF INDIANA
COUNTY OF _________________

Subscribed and sworn to before me, the undersigned Notary Public in and for said County and State, by [AFFIANT NAME], this _____ day of _________________, 20_____.

_____________________________________________
Notary Public Signature

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

County of Residence: _____________________________________________

[NOTARIAL SEAL]

ARTICLE V: PREPARED BY AFFIRMATION

Section 5.1 Preparer Certification (IC 36-2-11-15)

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.

_____________________________________________
Printed Name of Preparer

_____________________________________________
Signature of Preparer

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of the Real Estate:

Situated in _________________ County, State of Indiana:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

State Parcel Number: _____________________________________________

Being the same real estate conveyed to Decedent and Affiant by the Vesting Deed recorded as Instrument 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 Indiana title examiners and is recorded together with this Affidavit so that the survivorship vesting appears of record.

INDIANA RECORDING REQUIREMENTS AND INFORMATION

Important Indiana Notes

1. Joint tenancy must be expressed. Under IC 32-17-2-1, a conveyance to two or more persons creates a tenancy in common unless it expressly states the grantees hold "in joint tenancy and to the survivor of them," or the intent to create joint tenancy manifestly appears. If the Vesting Deed lacked such language, survivorship will NOT apply and estate administration may be required.
2. Tenancy by the entirety (IC 32-17-3) arises for conveyances to spouses and carries survivorship; IC 32-17-2-1 does not apply to conveyances to husband and wife.
3. No inheritance or estate tax. The Indiana inheritance tax (IC 6-4.1) was repealed for decedents dying after December 31, 2012; Indiana imposes no state estate tax.
4. Legal counsel: Consultation with a licensed Indiana attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Attorney Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Indiana Attorney Number