Affidavit of Surviving Joint Tenant - Massachusetts

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Death of Joint Tenant / Tenant by the Entirety)

Commonwealth of Massachusetts

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

SPACE FOR REGISTRY RECORDING INFORMATION

DOCUMENT INFORMATION

Recorded land only: Use this § 5B affidavit for recorded land. For registered land, follow the June 3, 2026 Land Court Guideline 14 memorandum and register the certified death certificate, plus an Affidavit of No Divorce if the deceased was a tenant by the entirety. Do not submit this affidavit as a substitute for those registered-land documents.

AFFIDAVIT OF SURVIVING JOINT TENANT

COMMONWEALTH OF MASSACHUSETTS
_________________ COUNTY, ss.

The undersigned Affiant, being of full age and first duly sworn, on oath deposes and states as follows:

Section 1. Affiant Identification and Competency

1. My name is _________________________ ("Affiant"). I am more than eighteen (18) years of age, am competent to testify to the matters stated herein, and make this Affidavit on my own personal knowledge.

2. My mailing address is _________________________________________________.

Section 2. Death of the Decedent

3. _________________________ ("Decedent") died on the _____ day of _________________, 20_____, at _________________________ (city/town), _________________ County, _________________ (state). A certified copy of the Decedent's death certificate is attached hereto as Exhibit "B" and is recorded herewith.

Section 3. The Vesting Deed Creating the Survivorship Estate

4. Title to the land described in Exhibit "A" (the "Premises") was vested in the Decedent and Affiant by deed (the "Vesting Deed") dated _________________, 20_____, and recorded with the _________________ County Registry of Deeds in Book _______, Page _______.

5. The Vesting Deed created in the Decedent and Affiant an estate with the right of survivorship (check one):

☐ a joint tenancy (the Vesting Deed expressly stating that the grantees take "as joint tenants," "in joint tenancy," or "to them and the survivor of them"); or

☐ a tenancy by the entirety (the Vesting Deed expressly conveying to the Decedent and Affiant as tenants by the entirety; they were lawfully married to each other at conveyance and remained married until the Decedent's death, with no judgment of divorce).

6. Under M.G.L. c. 184, § 7, a conveyance of land to two or more persons, including spouses, generally creates a tenancy in common unless the instrument creates a joint tenancy or a tenancy by the entirety. The Vesting Deed itself creates the estate checked above; the parties' marriage alone does not establish that estate.

Section 4. The Premises

7. The Premises that are the subject of this Affidavit are situated in _________________, _________________ County, Massachusetts, and are more particularly described in Exhibit "A" attached hereto and made a part hereof.

Property Address: _____________________________________________

Section 5. Affiant Is the Surviving Joint Tenant

8. Affiant is one and the same person named as a grantee in the Vesting Deed and is the surviving joint tenant (or surviving tenant by the entirety). The Decedent named herein is one and the same person named as a co-grantee in the Vesting Deed.

Section 6. Vesting of Title by Right of Survivorship

9. Upon the death of the Decedent, by operation of law and the right of survivorship attaching to the estate created by the Vesting Deed, title to the Decedent's joint or entireties interest vested in Affiant as surviving owner, subject to any liens or other claims that survive death. This Affidavit records the death and survivorship facts; it does not release a tax lien or other surviving encumbrance.

Section 7. Marital Status / No Divorce (Tenancy by the Entirety)

10. If title was held as tenants by the entirety: Affiant and the Decedent were married to each other on the date of the Vesting Deed and remained married, and were not divorced, at the time of the Decedent's death.

Section 8. Tax, Lien, and Encumbrance Statement

11. To the best of Affiant's knowledge and belief:

☐ All real estate taxes and municipal charges assessed against the Premises that are due and payable have been paid, or are not yet due and payable;

☐ There are no unsatisfied liens, attachments, judgments, or encumbrances created by or against the Decedent that survive the right of survivorship and attach to the Premises, except as follows: _________________________________________________;

☐ Any Massachusetts estate tax lien arising under M.G.L. c. 65C by reason of the Decedent's death has been or will be released or otherwise addressed as required by law, and recording of this Affidavit is without prejudice to the rights of the Commonwealth.

Section 9. Purpose and Request to Record

12. This Affidavit is made and recorded pursuant to M.G.L. c. 183, § 5B for the purpose of stating of record facts affecting title to the recorded Premises — namely, the death of the Decedent and the vesting of title in Affiant by right of survivorship. Affiant requests that this Affidavit, together with the certified copy of the death certificate attached as Exhibit "B", be recorded with the _________________ County Registry of Deeds.

13. Affiant makes this Affidavit knowing that title examiners, title insurers, prospective purchasers, and lenders will rely upon the truth of the statements herein.

VERIFICATION UNDER PENALTIES OF PERJURY AND JURAT

AFFIANT:

I sign this Affidavit under the penalties of perjury and state that its factual statements are true to the best of my personal knowledge.

_____________________________________________ (Seal)
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

COMMONWEALTH OF MASSACHUSETTS
_________________ COUNTY, ss.

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared the above-named Affiant, _________________________, proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding Affidavit, who, being by me first duly sworn, did depose and swear that the statements contained in the foregoing Affidavit are true and correct to the best of his/her knowledge and belief, and who signed it voluntarily for its stated purpose.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

ATTORNEY CERTIFICATION UNDER M.G.L. c. 183, § 5B

I am an attorney at law admitted in Massachusetts. I have reviewed this Affidavit and the identified Vesting Deed. I certify that the facts stated in this Affidavit are relevant to title to the described land and will assist in clarifying its chain of title.

Attorney signature: _____________________________________________

Printed name: _____________________________________________ BBO No.: _______________

Business address: _____________________________________________

Telephone: _____________________________________________

Date: [__/__/____]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Premises:

The land in _________________, _________________ County, Massachusetts, bounded and described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Address: _____________________________________________

Being the same premises described in the Vesting Deed recorded with the _________________ County Registry of Deeds in Book _______, Page _______.

EXHIBIT B - CERTIFIED COPY OF DEATH CERTIFICATE

☐ A certified copy of the death certificate of the Decedent is attached hereto and recorded herewith.

MASSACHUSETTS RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Recording Fees

Important Massachusetts Notes

1. Operative effect of survivorship. Property held in joint tenancy or tenancy by the entirety passes to the survivor automatically by operation of law at death. This Affidavit (recorded under M.G.L. c. 183, § 5B) makes the survivorship of record so the title is marketable; it does not convey title.

2. Confirm the estate (c. 184, § 7). A conveyance to two or more persons, including spouses, generally creates a tenancy in common unless the instrument establishes a joint tenancy or a tenancy by the entirety. Confirm the estate in the Vesting Deed before relying on this Affidavit.

3. Registered (Land Court) land. The June 3, 2026 Land Court Guideline 14 memorandum calls for registering a certified death certificate and, for an entireties estate, an Affidavit of No Divorce so the death is noted on the certificate of title. A new certificate is not required for the survivor to deal with the property under that method. This § 5B affidavit is not the required registered-land instrument.

4. Estate tax lien. A Massachusetts estate tax lien (M.G.L. c. 65C) may attach by reason of death. Recording this Affidavit does not release that lien; obtain a release where required.

5. Multiple deceased tenants. If more than one joint tenant has died, identify the order of deaths and obtain the death record and title evidence needed for each survivorship step. The Land Court's registered-land procedure has its own document list.

6. Legal counsel. Consultation with a licensed Massachusetts attorney is strongly recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
BBO Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Massachusetts attorney before using this form.