Affidavit of Surviving Joint Tenant (Maine)

AFFIDAVIT OF SURVIVING JOINT TENANT

Maine Attorney and Registry Review Draft

IMPORTANT — NO GENERAL STATUTORY RECORDING ROUTE. Maine law recognizes joint tenancies and their survivorship incidents under 33 M.R.S. § 159, but the current statutes reviewed for this form do not create a general “surviving joint tenant affidavit” that must be accepted for recording. Section 33 M.R.S. § 654 lists limited miscellaneous records and instruments that registries are required by law to record. By contrast, 18-C M.R.S. § 6-414 expressly authorizes a notice-of-death affidavit for a beneficiary taking under a transfer-on-death deed; that statute does not govern an ordinary joint tenancy. This form is a factual affidavit for attorney, title-examiner and registry review. It does not transfer property, discharge liens or guarantee that a registry will accept it.

1. PREPARATION AND REGISTRY REVIEW

☐ Counsel confirmed that the vesting deed created a joint tenancy under 33 M.R.S. § 159.

☐ The registry confirmed that it will accept this type of affidavit and identified any required attachments, margins, indexing names and tax-assessor information.

☐ This affidavit will not be offered for recording; it will be retained as factual support for a title examination or another approved process.

2. PROPERTY AND VESTING DEED

Attach or make available a certified registry copy of the vesting deed. Do not rely on names alone. Under 33 M.R.S. § 159, a conveyance or devise to two or more persons creates a tenancy in common unless the instrument expresses a joint tenancy, a right of survivorship or other appropriate joint-tenancy intent.

3. AFFIDAVIT

STATE OF MAINE

COUNTY OF [COUNTY]

I, [AFFIANT FULL LEGAL NAME], of [MUNICIPALITY, COUNTY, STATE], state under oath or affirmation:

1. I am at least eighteen years old, competent to testify and making this affidavit from personal knowledge and the records identified below.

2. Decedent. [DECEDENT FULL LEGAL NAME] died on [__/__/____] in [PLACE OF DEATH].

3. Affiant. I am a surviving grantee named in the vesting deed identified in paragraph 4.

4. Vesting deed. The deed from [GRANTOR], dated [__/__/____] and recorded in the [COUNTY] County Registry of Deeds in Book [____], Page [____], conveyed the property described below to [LIST ALL GRANTEES] using the following language:

[QUOTE THE DEED'S JOINT-TENANCY OR SURVIVORSHIP LANGUAGE EXACTLY]

5. Property. The property addressed as [PROPERTY ADDRESS] is identified in the vesting deed by the legal description attached as Exhibit A or by the following registry description:

[INSERT OR ATTACH THE VESTING DEED'S LEGAL DESCRIPTION]

6. Surviving owners. The individuals named in the vesting deed who survived the Decedent are:

7. Limited survivorship statement. Based on the quoted vesting language and 33 M.R.S. § 159, counsel has advised that the deed created a joint tenancy with a right of survivorship. This affidavit states facts concerning the Decedent's death and the surviving grantees. It does not warrant title, determine priority, release a mortgage or other encumbrance, or discharge a tax lien.

8. Estate-tax-lien review. Maine estate-tax liens are governed by 36 M.R.S. § 4072. Complete after tax and title review:

☐ The Affiant was the Decedent's spouse on the date of death. Section 4072 states that the Maine estate-tax lien does not attach to property passing by right of survivorship to such a surviving spouse.

☐ The Affiant was not the Decedent's spouse on the date of death. Counsel or a tax professional must determine whether a Maine estate-tax lien attached and whether Form 706ME, a Statement of Value (700-SOV) or a lien discharge is appropriate.

☐ A recorded lien discharge or other tax document is attached as Exhibit [____].

☐ No tax conclusion is stated in this affidavit; tax review remains open.

9. Supporting records. The following records are attached or held by the reviewing professional:

• ☐ Certified registry copy of the vesting deed
• ☐ Certified copy of the death certificate
• ☐ Municipal tax card or assessor record
• ☐ Maine estate-tax lien discharge or related filing, if applicable
• ☐ Title commitment, title report or attorney title opinion
• ☐ Other: [________________________________]

10. I make this affidavit for factual and title-review purposes and understand that its legal effect and recordability depend on current Maine law, the vesting deed, registry practice and the facts of the matter.

4. AFFIANT SIGNATURE

Signed on [__/__/____].

_______________________________________

[AFFIANT FULL LEGAL NAME]

Address: [________________________________]

Telephone / email: [________________________________]

5. VERIFICATION ON OATH OR AFFIRMATION

The short-form language below follows 4 M.R.S. § 1917(3). The notarial certificate must also contain the information required by § 1916.

STATE OF [STATE]

COUNTY OF [COUNTY]

Signed and sworn to (or affirmed) before me on [__/__/____] by [AFFIANT FULL LEGAL NAME].

_______________________________________

Signature of notarial officer

Printed name: [________________________________]

Title of office: [NOTARY PUBLIC / ATTORNEY-AT-LAW / OTHER AUTHORIZED OFFICER]

My commission expires: [__/__/____ / NOT APPLICABLE]

Official stamp, if used: [________________________________]

6. ACKNOWLEDGMENT FOR PROPOSED RECORDING

If the registry agrees to accept the affidavit, 33 M.R.S. § 203 generally requires a written instrument to be acknowledged before recording. The short-form language below follows 4 M.R.S. § 1917(1).

STATE OF [STATE]

COUNTY OF [COUNTY]

This record was acknowledged before me on [__/__/____] by [AFFIANT FULL LEGAL NAME].

_______________________________________

Signature of notarial officer

Printed name: [________________________________]

Title of office: [NOTARY PUBLIC / ATTORNEY-AT-LAW / OTHER AUTHORIZED OFFICER]

My commission expires: [__/__/____ / NOT APPLICABLE]

Official stamp, if used: [________________________________]

7. RECORDING AND TITLE CHECKLIST

• ☐ Confirm the quoted deed language creates a joint tenancy under 33 M.R.S. § 159.
• ☐ Confirm this is an ordinary joint tenancy, not a transfer-on-death deed governed by 18-C M.R.S. § 6-414.
• ☐ Obtain registry confirmation before presenting this nonstatutory affidavit for recording.
• ☐ Follow the registry's current document-format, margin, indexing and attachment instructions.
• ☐ Use a notarial certificate compliant with 4 M.R.S. §§ 1905, 1910, 1916 and 1917.
• ☐ If accepted as a private recording, confirm the current $35 flat fee per instrument under 33 M.R.S. § 751, plus any separately authorized copy, postage or service charges.
• ☐ Do not cite 33 M.R.S. §§ 201 or 201-A as authority for this affidavit. Section 201 governs recording priority for specified conveyances and leases; § 201-A governs actual notice from exceptions, reservations and recitals.
• ☐ Obtain a tax review under 36 M.R.S. § 4072; do not assume survivorship automatically eliminates the Maine estate-tax lien unless the statutory spouse exception or another release rule applies.
• ☐ Confirm whether the title examiner requires a certified death certificate, lien discharge, probate record, corrective deed, court order or another instrument.
• ☐ Do not state that this affidavit alone “clears title.”

EXHIBIT A — VESTING DEED DESCRIPTION

Property address: [________________________________]

Registry: [COUNTY] County Registry of Deeds

Book / page: Book [____], Page [____]

Legal description copied from the vesting deed:

[________________________________]

SOURCES AND REFERENCES

1. 33 M.R.S. § 159 — https://legislature.maine.gov/statutes/33/title33sec159.html
2. 33 M.R.S. § 203 — https://legislature.maine.gov/statutes/33/title33sec203.html
3. 33 M.R.S. § 654 — https://legislature.maine.gov/statutes/33/title33sec654.html
4. 33 M.R.S. § 751 — https://legislature.maine.gov/statutes/33/title33sec751.html
5. 4 M.R.S. Chapter 39 — https://legislature.maine.gov/statutes/4/title4ch39sec0.html
6. 4 M.R.S. § 1905 — https://legislature.maine.gov/statutes/4/title4sec1905.html
7. 4 M.R.S. § 1910 — https://legislature.maine.gov/statutes/4/title4sec1910.html
8. 4 M.R.S. § 1916 — https://legislature.maine.gov/statutes/4/title4sec1916.html
9. 4 M.R.S. § 1917 — https://legislature.maine.gov/statutes/4/title4sec1917.html
10. 18-C M.R.S. § 6-414 — https://legislature.maine.gov/statutes/18-C/title18-Csec6-414.html
11. 36 M.R.S. § 4072 — https://legislature.maine.gov/statutes/36/title36sec4072.html
12. Maine Revenue Services, Estate Tax Guidance — https://www.maine.gov/REVENUE/incomeestate/guidance/estate_guidance_2019_1.htm

This template is a factual drafting aid, not a statutory Maine form. Do not record or rely on it without Maine legal and registry review.