Affidavit of Surviving Joint Tenant - Indiana

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Indiana

Before recording, format the paper and margins for IC 36-2-11-16.5(b) and confirm the county recorder's submission requirements.

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

State Parcel Number:
_____________________________________________

DOCUMENT INFORMATION

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"). Evidence of death reviewed by Affiant: [________________________________].

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:

☐ in joint tenancy and to the survivor of them; or

☐ in other words manifesting an intent to create joint tenancy with survivorship (quote the deed: [________________________________]).

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 in the Vesting Deed. To the best of Affiant's knowledge after reviewing the recorded chain of title through [DATE], the joint tenancy was not severed before Decedent's death. Relevant later instruments or orders, if any: [________________________________].

Section 2.5 Vesting by Right of Survivorship

Under the survivorship language of the Vesting Deed and IC 32-17-2-1(c), Decedent's interest passed to the surviving joint tenant or tenants:

☐ [AFFIANT NAME], as sole surviving joint tenant, subject to any interests or liens shown of record; or

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

The joint tenancy interest described in the Vesting Deed passes by survivorship rather than under a will or intestacy, assuming that the survivorship estate remained effective at death.

Section 2.6 Later Instruments and Liens

Later instruments or known liens affecting the Real Estate, if any, are identified here; this Affidavit does not release them:
_____________________________________________
_____________________________________________

Section 2.7 Statutory Basis and Request to Record

This Affidavit states facts concerning the death of a person named in an instrument affecting real property and may be recorded under IC 36-2-11-19. Affiant requests recording in the Office of the Recorder of _________________ County, Indiana as evidence of those facts; this Affidavit itself does not convey or clear title.

Section 2.8 Reliance

Affiant understands that title examiners, title insurers, purchasers, and lenders may review these statements when examining the Real Estate's title.

ARTICLE III: RECORDING REVIEW

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 36-2-11-16(c))

Date: _____________________________________________

Section 4.1 Jurat

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

Title of notarial officer: Notary Public

My Commission Expires: _____________________________________________

Commission Number: _____________________________________________

Indiana County of Commission (or primary employment if nonresident): _____________________________________________

[NOTARIAL SEAL — must include the commission number under IC 33-42-10-2(a)(4)]

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.

OPTIONAL ATTACHMENT — EVIDENCE OF DEATH

☐ A certified copy of the certificate of death of [DECEDENT NAME] is attached if requested by the recorder or title examiner and approved for recording.

☐ Other evidence of death: [________________________________].

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. Spousal deed: IC 32-17-2-1(a)(3) excludes conveyances to husband and wife. This joint-tenant affidavit does not determine whether a spousal deed created a tenancy by the entirety.
3. Recording effect: IC 36-2-11-19 makes a qualifying death affidavit recordable and prima facie evidence of its facts. Recording does not by itself resolve a disputed title or lien.
4. Legal counsel: Consultation with a licensed Indiana attorney is recommended.

THIS INSTRUMENT PREPARED BY: [PREPARER NAME]

[Complete the following affirmation when IC 36-2-11-15(b) applies to this instrument; confirm the county recorder's requirements.]

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. [PREPARER NAME]

Preparer address: [________________________________]

Preparer phone: [________________________________]

Preparer signature: _____________________________________________