Affidavit of Surviving Joint Tenant - Michigan

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Michigan

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Drafted By:
_____________________________________________
_____________________________________________

Property Tax ID/Parcel Number:
_____________________________________________

2.5" TOP MARGIN FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

This instrument is an: AFFIDAVIT (MCL 565.451a)

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF MICHIGAN
COUNTY OF _________________

The undersigned Affiant, being first duly sworn, deposes and says:

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 make it upon my own personal knowledge of the facts stated, which are true.

2. My mailing address is _________________________________________________.

Section 2. Death of the Decedent

3. _________________________ ("Decedent") died on the _____ day of _________________, 20_____, at _________________________ (city), _________________ County, _________________ (state). Affiant's basis of personal knowledge concerning the death and identity is: [________________________________].

Proof-of-death record status:

☐ Certified death certificate or other proof permitted for record was previously recorded at [COUNTY / LIBER / PAGE / INSTRUMENT].

☐ Certified death certificate or other permitted proof will be filed concurrently as a separate recordable document after counsel and county review.

☐ This affidavit is being recorded without a conveyance; counsel will address MCL 565.48 before any later survivor deed or other conveying instrument.

Section 3. The Vesting Deed Creating the Survivorship Estate

4. Title to the land described in Exhibit "A" (the "Property") was vested in the Decedent and Affiant by deed (the "Vesting Deed") dated _________________, 20_, and recorded on _________________, 20___, in the office of the Register of Deeds for _________________ County, Michigan, in Liber _______, Page _______, or as Instrument No. _____________.

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

☐ as joint tenants with full rights of survivorship, and not as tenants in common; or

☐ as husband and wife (tenancy 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).

6. Under MCL 554.44, all grants and devises of lands made to two or more persons are construed to create estates in common, and not in joint tenancy, unless expressly declared to be in joint tenancy; and under MCL 554.45 that rule does not apply to husband and wife. The Vesting Deed contains the express survivorship/entirety language checked above.

Section 4. The Property

7. The Property that is the subject of this Affidavit is situated in the ☐ Township ☐ City ☐ Village of _________________, County of _________________, State of Michigan, and is more particularly described in Exhibit "A" attached hereto and made a part hereof.

Property Address: _____________________________________________

Property Tax ID/Parcel Number: _____________________________________________

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 / surviving spouse). 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. Affiant states that the Vesting Deed language identified above created the survivorship estate selected in paragraph 5 and that Affiant survived Decedent. The effect of death on title, liens, creditor rights, taxes, probate administration, homestead interests, trusts, divorce orders, and other claims has been reviewed or reserved for counsel as follows: [________________________________].

Section 7. Title and Claim Review

10. This affidavit does not determine whether any mortgage, lien, judgment, tax, assessment, creditor claim, estate claim, marital claim, trust interest, or other encumbrance survives or affects the Property. Title evidence reviewed and exceptions noted by counsel or the title professional are: [________________________________].

Section 8. Purpose and Request to Record

11. This Affidavit is made and recorded under MCL 565.451a-.451c to state the death, identity, relationship, and title-affecting event described above. It does not itself convey title and is not represented as satisfying MCL 565.48 for a later survivor conveyance unless the required proof of death has been separately recorded as that section provides.

12. Affiant understands that a person who knowingly makes a false statement in an affidavit under this act is guilty of perjury under MCL 565.451b.

VERIFICATION AND JURAT

AFFIANT:

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant (typed/printed beneath signature per MCL 565.201)

Date: _____________________________________________

STATE OF MICHIGAN
COUNTY OF _________________

Subscribed and sworn to before me on _________________, 20_____, by _________________________, the above-named Affiant, who being by me first duly sworn on oath stated that the matters set forth in the foregoing Affidavit are true to the best of his/her knowledge, information, and belief.

_____________________________________________
Notary Public, _________________ County, Michigan

_____________________________________________
Printed Name of Notary (on same page as signature - MCL 565.201)

My Commission Expires: _____________________________________________

Acting in _________________ County

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in the ☐ Township ☐ City ☐ Village of _________________, County of _________________, State of Michigan:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Tax ID/Parcel Number: _____________________________________________

Being the same land described in the Vesting Deed recorded with the _________________ County Register of Deeds in Liber _______, Page _______, or as Instrument No. _____________.

EXHIBIT B - PROOF-OF-DEATH RECORDING REFERENCE OR SEPARATE DOCUMENT CHECKLIST

☐ Previously recorded proof of death: [COUNTY / LIBER / PAGE / INSTRUMENT]

☐ Separate proof-of-death document prepared for concurrent recording after counsel and county review

☐ Not presently required because no survivor conveyance is being recorded; future MCL 565.48 compliance calendared

MICHIGAN RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (MCL 565.201, 565.451a, 565.48)

Document Format Requirements (MCL 565.201)

Recording Fees (MCL 600.2567)

Important Michigan Notes

1. Vesting-deed gate. MCL 554.44 presumes a tenancy in common unless joint tenancy is expressly declared; MCL 554.45 excepts, among other instruments, grants to husband and wife. The exact vesting deed and any later instruments or orders control; this affidavit does not repair defective vesting language.

2. MCL 565.48 — later conveying instrument. A Register of Deeds may not record a deed or other writing purporting to convey an interest by the survivor unless qualifying proof of death for each deceased tenant is already recorded or is filed concurrently and recorded separately. The statute does not say this affidavit itself is such a conveyance.

3. Express survivorship required (MCL 554.44, 554.45). Michigan presumes a tenancy in common except as to husband and wife. Confirm the Vesting Deed expressly created a joint tenancy with full rights of survivorship (or a tenancy by the entirety) before relying on this Affidavit.

4. Tax and creditor issues. This form makes no conclusion about estate, inheritance, property, transfer, federal, creditor, or lien consequences. Obtain transaction-specific advice.

5. Multiple deceased tenants. Recite and support each relevant death. Before a survivor conveyance, MCL 565.48 requires qualifying proof of death for each deceased tenant to be already recorded or concurrently recorded as a separate document.

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

THIS INSTRUMENT DRAFTED BY (MCL 565.201(1)(i)):

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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

Sources and References

• MCL 554.44 — Tenancy-in-common presumption
• MCL 554.45 — Exceptions
• MCL 565.48 — Proof of death for survivor conveyance
• MCL 565.451a — Recordable title-fact affidavits
• MCL 565.451b — False affidavit / perjury
• MCL 565.451c — Land description
• MCL 565.201 — Recording format
• MCL 600.2567 — Register of Deeds fees