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:
_____________________________________________
_____________________________________________
_____________________________________________

3" x 3" SPACE FOR REGISTRY OF DEEDS USE

DOCUMENT INFORMATION

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 ☐ Registry District of the Land Court in Book _______, Page _______, or as Document No. _______ on Certificate of Title No. _______.

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 Decedent and Affiant having been lawfully married to each other at the time of the conveyance and continuously until the Decedent's death, and no judgment of divorce having entered).

6. Under M.G.L. c. 184, § 7, a conveyance of land to two or more persons creates a tenancy in common and not in joint tenancy unless it is expressed that the grantees take jointly, as joint tenants, in joint tenancy, or to them and the survivor of them, or unless it manifestly appears from the tenor of the instrument that a joint tenancy was intended; the Vesting Deed contains the survivorship language checked above.

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 by the right of survivorship attaching to the estate created by the Vesting Deed under M.G.L. c. 184, § 7, the entire interest of the Decedent in the Premises terminated, and title to the Premises vested in Affiant as the surviving owner(s), free of any interest of the Decedent, the Decedent's estate, heirs, devisees, or personal representative. The Premises are not subject to administration as part of the Decedent's probate estate.

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 the title to the Premises — namely, the death of the Decedent and the vesting of title in Affiant by right of survivorship — so that the title may be marketable. 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 (or registered with the Registry District of the Land Court for registered land).

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 AND JURAT

AFFIANT:

_____________________________________________ (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]

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 _______ (or Document No. _______, Certificate of Title No. _______).

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. Express survivorship required (c. 184, § 7). Massachusetts presumes a tenancy in common. Confirm the Vesting Deed expressly created a joint tenancy or tenancy by the entirety before relying on this Affidavit.

3. Registered (Land Court) land. For registered land, follow Land Court Guideline 14: record the certified death certificate (and an Affidavit of No Divorce if the deceased was a tenant by the entirety) so the death is noted on the certificate of title. A new certificate is not required for the surviving owner to deal with the property.

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, attach a certified death certificate for each (except the last to die) and recite each death.

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.