Affidavit of Surviving Joint Tenant (Kansas)
AFFIDAVIT OF SURVIVING JOINT TENANT
Before you use this: K.S.A. 58-501 permits a responsible person who knows the facts to make an affidavit of a joint tenant's death and requires recording it in the county where the real property is situated. Check the vesting instrument: a grant to two or more people, including spouses, creates a tenancy in common unless its language clearly intended a joint tenancy. This affidavit is evidence of death; it does not determine title or remove liens.
After recording, return to: [NAME AND MAILING ADDRESS]
Prepared by: [NAME AND MAILING ADDRESS]
Property county: [COUNTY] County, Kansas
Property address (for identification): [STREET ADDRESS]
Parcel number, if known: [NUMBER]
Sworn statement
State of [STATE]
County of [COUNTY]
I, [AFFIANT FULL LEGAL NAME], being first duly sworn, state from my personal knowledge:
- I am a responsible person familiar with the facts of [DECEDENT FULL LEGAL NAME]'s death. My relationship to the Decedent or basis of knowledge is [DESCRIBE].
- The Decedent died on [__/__/____] at [CITY, COUNTY, STATE].
- The Decedent and [NAME(S) OF OTHER JOINT TENANT(S)] held the real property described in Exhibit A under the [TYPE OF INSTRUMENT] dated [__/__/____], recorded [__/__/____] as [BOOK/PAGE OR INSTRUMENT NUMBER] in the records of the Register of Deeds of [COUNTY] County, Kansas. The vesting language that states the intended joint tenancy is: “[QUOTE EXACT VESTING LANGUAGE].”
- The other joint tenant(s) named in that instrument who survived the Decedent are [FULL LEGAL NAME(S)]. My knowledge of that fact is based on [DESCRIBE].
- The description in Exhibit A is taken from [VESTING INSTRUMENT OR OTHER IDENTIFIED RECORD].
- ☐ A death certificate is attached as additional evidence. ☐ No death certificate is attached. This affidavit itself is offered as evidence of death under K.S.A. 58-501.
I request that this affidavit be recorded in the office of the Register of Deeds of [COUNTY] County, Kansas. I declare that the statements above are true to the best of my personal knowledge.
Affiant's signature: _______________________________
Printed name: [NAME]
Mailing address: [ADDRESS]
Date: [__/__/____]
Verification on oath or affirmation
State of [STATE]
County of [COUNTY]
On [__/__/____], [AFFIANT NAME] personally appeared before me, was identified by [PERSONAL KNOWLEDGE OR SATISFACTORY EVIDENCE], signed or acknowledged the signature on this affidavit, and swore or affirmed that its statements are true.
Notarial officer signature: _______________________________
Printed name and title: [NAME AND TITLE]
My commission expires: [DATE, IF NOTARY PUBLIC]
[OFFICIAL STAMP, IF REQUIRED]
Exhibit A — Legal description
The real property in [COUNTY] County, Kansas, is described as follows:
[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING INSTRUMENT]
About this template
- Last updated
- October 5, 2026
- Citations checked
- October 5, 2026
- Jurisdiction
- Kansas
- Category
- Real Estate
Legal authority
- K.S.A. 58-501
- K.S.A. 58-2221
- K.S.A. 53-5a05
- K.S.A. 53-5a16
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 5, 2026.
K.S.A. 58-501 (checked October 5, 2026): "an affidavit of death from some responsible person who knows the facts, shall constitute prima facie evidence of such death and in cases where real property is involved such certificate or affidavit shall be recorded in the office of the register of deeds in the county where the land is situated."
K.S.A. 58-2221 (checked October 5, 2026): "may be recorded in the office of register of deeds of the county in which such real estate is situated."
K.S.A. 53-5a05 (checked October 5, 2026): "A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual."
K.S.A. 53-5a16 (checked October 5, 2026): "A notarial act shall be evidenced by a certificate that shall: (1) Be executed contemporaneously with the performance of the notarial act; (2) be signed and dated by the notarial officer"
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