Affidavit of Surviving Joint Tenant - Maryland

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Maryland

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account Identifier:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF MARYLAND
_________________ (COUNTY/CITY), to wit:

THE UNDERSIGNED AFFIANT, being first duly sworn, deposes and states under oath as follows:

Section 1. Affiant Identification and Competency

1. My name is _________________________ ("Affiant"). I am over the age of eighteen (18) years, am competent to make this Affidavit, and am under no legal disability. I make this Affidavit upon my own personal knowledge of the facts stated herein, which are true and correct.

2. My mailing address is _________________________________________________.

Section 2. Death of the Decedent

3. _________________________ ("Decedent") died on the _____ day of _________________, 20_____, at _________________________ (city), _________________ (county), _________________ (state). At the time of death, the Decedent resided at _________________________________________________.

4. A certified copy of the Decedent's death certificate is attached hereto as Exhibit "B" and is recorded contemporaneously herewith.

Section 3. The Vesting Deed Creating the Survivorship Estate

5. Title to the real property described in Exhibit "A" (the "Property") was vested in the Decedent and Affiant by deed (the "Vesting Deed") dated _________________, 20_, and recorded on _________________, 20___, among the Land Records of _________________ County/Baltimore City, Maryland, in Liber _______, Folio _______, or as Instrument No. _____________.

6. The Vesting Deed expressly conveyed the Property to the Decedent and Affiant (check one):

☐ as joint tenants with the right of survivorship, and not as tenants in common; or

☐ as tenants by the entirety (the Decedent and Affiant having been lawfully married to each other at the time of the conveyance and continuously thereafter until the Decedent's death, and no judgment of absolute divorce having been entered).

7. Under Md. Code, Real Property § 2-117, no instrument creates an estate in joint tenancy unless the instrument expressly so provides; the Vesting Deed referenced above contains such express survivorship language.

Section 4. The Property

8. The Property that is the subject of this Affidavit is located in _________________ ☐ County ☐ City, State of Maryland, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Account Identifier: _____________________________________________

Election District (if required): _____________________________________________

Section 5. Affiant Is the Surviving Joint Tenant

9. 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 in this Affidavit is one and the same person named as a co-grantee in the Vesting Deed.

Section 6. Vesting of Title by Right of Survivorship

10. Upon the death of the Decedent, by operation of law and by the right of survivorship recognized under Md. Code, Real Property § 2-117 and the common law of Maryland, the entire interest of the Decedent in the Property terminated, and fee simple title to the Property vested in Affiant as the surviving owner(s), free of any interest of the Decedent, the Decedent's estate, heirs, devisees, or personal representative.

11. The Property does not constitute an asset of the Decedent's probate estate and is not subject to administration in the Decedent's estate.

Section 7. Tax, Lien, and Encumbrance Statement

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

☐ All real property taxes, assessments, and charges against the Property that are due and payable have been paid, or are not yet due and payable;

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

☐ Any Maryland estate tax and Maryland inheritance tax obligations arising by reason of the Decedent's death (Md. Code, Tax-General, Title 7) have been or will be addressed and satisfied as required by law, and recording of this Affidavit is without prejudice to the rights of the Comptroller of Maryland or the Register of Wills.

Section 8. Purpose and Request to Record

13. This Affidavit is made for the purpose of establishing of record the death of the Decedent and the vesting of title in Affiant by right of survivorship, and to clear title to the Property in the Land Records. Affiant requests that the Clerk of the Circuit Court record this Affidavit, together with the certified copy of the death certificate attached as Exhibit "B", among the Land Records of _________________ County/Baltimore City, Maryland.

14. Affiant makes this Affidavit knowing that others, including 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: _____________________________________________

STATE OF MARYLAND
_________________ (COUNTY/CITY), to wit:

I HEREBY CERTIFY that on this _____ day of _________________, 20_____, before me, the subscriber, a Notary Public of the State of Maryland, in and for _________________ County/Baltimore City, personally appeared:

_____________________________________________

known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Affidavit, who, being by me first duly sworn, did depose and say, under oath and under the penalties of perjury, that the matters and facts set forth in the foregoing Affidavit are true and correct to the best of his/her knowledge, information, and belief, and who subscribed and swore to the same in my presence.

WITNESS my hand and Notarial Seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that lot or parcel of land situate in _________________ County/Baltimore City, Maryland, more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Address: _____________________________________________

Tax Account Identifier: _____________________________________________

Being the same property described in the Vesting Deed recorded among the Land Records of _________________ County/Baltimore City, Maryland, in Liber _______, Folio _______, or as Instrument No. _____________.

EXHIBIT B - CERTIFIED COPY OF DEATH CERTIFICATE

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

MARYLAND RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (Real Property §§ 3-101, 3-104, 4-101)

Important Maryland Notes

1. Operative effect of survivorship. Title to property held in joint tenancy with right of survivorship, or as tenants by the entirety, passes to the survivor automatically by operation of law at the moment of death. This Affidavit does not convey title; it makes the survivorship of record so the title is marketable.

2. Express survivorship required (§ 2-117). Maryland presumes against joint tenancy. Confirm that the Vesting Deed expressly created a joint tenancy (or a tenancy by the entirety) before relying on this Affidavit.

3. Tenancy by the entirety. Available only to spouses. A subsequent absolute divorce converts a tenancy by the entirety into a tenancy in common; confirm no divorce occurred before the Decedent's death.

4. Estate/inheritance tax. Recording this Affidavit does not extinguish any Maryland estate tax or inheritance tax obligation. Coordinate with the Register of Wills and the Comptroller of Maryland where applicable.

5. Multiple deceased tenants. If more than one joint tenant has died, attach a certified death certificate for each deceased tenant and recite each death.

6. Legal counsel. Consultation with a licensed Maryland attorney is recommended.

THIS AFFIDAVIT WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Maryland Bar Number (if attorney)

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