Affidavit of Surviving Joint Tenant - Minnesota

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Survivorship)

State of Minnesota

Recording preparation: This form needs an execution and acknowledgment that meet Minn. Stat. § 507.24. Before printing, format the first page with the three-inch top blank space and margins required by § 507.093, or use a compliant administrative page. Confirm the land status and any death-record or Examiner of Titles requirements with the county recording office.

Drafted By:
_____________________________________________
(Name and Address)

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Statements Should Be Sent To:
_____________________________________________
_____________________________________________

Property Identification Number (PIN):
_____________________________________________

SPACE ABOVE FOR RECORDER'S/REGISTRAR'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF MINNESOTA
COUNTY OF _________________

The undersigned Affiant, being first duly sworn, on oath states 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 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). Proof of death supplied for recording, if required by the county: ☐ certified death record attached as Exhibit B ☐ other evidence: [____________].

Section 3. The Vesting Deed Creating the Joint Tenancy

4. 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___, in the office of the ☐ County Recorder ☐ Registrar of Titles of _________________ County, Minnesota, as Document No. _____________ (and, for registered land, on Certificate of Title No. _____________).

5. The Vesting Deed expressly vested title in the Decedent and Affiant as joint tenants (check one):

☐ "as joint tenants"; or

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

☐ "as husband and wife, as joint tenants."

6. Under Minn. Stat. § 500.19, subd. 2, 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; the Vesting Deed contains the express joint-tenancy language checked above.

Section 4. The Property

7. The Property that is the subject of this Affidavit is situated in _________________ County, Minnesota, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Property Identification Number (PIN): _____________________________________________

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. The Decedent named herein is one and the same person named as a co-grantee in the Vesting Deed.

Section 6. No Severance; Vesting of Title by Right of Survivorship

9. To the best of my personal knowledge and after review of the vesting deed and available title records, the joint tenancy was not severed before the Decedent's death. I have reviewed the severance routes in Minn. Stat. § 500.19, subd. 5, including a recorded severance instrument, an instrument executed by all joint tenants, a court order, bankruptcy, and a dissolution decree between spouses unless that decree preserves the joint tenancy. Relevant divorce decree or other title instrument, if any: [____________].

10. I claim the surviving joint tenant's interest under the vesting deed. This affidavit gives notice of the Decedent's death and the facts supporting that claim; it does not convey title or resolve any lien, tax, estate, or other claim that may affect the Property.

Section 7. Known Title Matters

11. Known deeds, decrees, liens, or other title matters that should be reviewed before relying on this affidavit: [____________]. Attach the relevant documents or consult title counsel as needed.

Section 8. Purpose and Request to Record

12. I request that this affidavit and any required supporting death record be recorded with the County Recorder for abstract land or filed and registered with the Registrar of Titles for registered land in _________________ County, Minnesota.

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:

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

STATE OF MINNESOTA
COUNTY OF _________________

This Affidavit was subscribed and sworn to before me and acknowledged by _________________________, the above-named Affiant, on _________________, 20_____,

☐ who is personally known to me, OR
☐ who produced _________________________ as identification,

who, being first duly sworn, stated on oath that the matters set forth in the foregoing Affidavit are true to the best of his/her knowledge, information, and belief.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL/STAMP]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Real property situated in _________________ County, Minnesota:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Property Identification Number (PIN): _____________________________________________

Being the same real property described in the Vesting Deed recorded/filed in _________________ County, Minnesota, as Document No. _____________ (Certificate of Title No. _____________ for registered land).

EXHIBIT B - CERTIFIED COPY OF RECORD OF DEATH

☐ A certified copy of the Decedent's death record is attached if required by the recording office.

MINNESOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Standards (Minn. Stat. § 507.093)

Recording Fees (Minn. Stat. § 357.18)

Note: The $46 base fee is set by statute, not by county. Ask the County Recorder or Registrar of Titles about any additional service or multiple-certificate charges for this filing.

Important Minnesota Notes

1. Effect of this affidavit. It reports death and claimed survivorship under the vesting deed; it does not convey title or cure a title defect by itself.

2. Express joint tenancy required (§ 500.19, subd. 2). A grant to two or more persons creates a tenancy in common unless it expressly declares joint tenancy. Confirm the Vesting Deed does so before relying on this Affidavit.

3. Abstract vs. registered (Torrens) land — IMPORTANT. For abstract property, record the Affidavit (with certified death record) with the County Recorder. For registered (Torrens) property, file it with the Registrar of Titles; the county Examiner of Titles may need to approve the document and direct memorialization on the certificate of title. Confirm the land status before filing.

4. No severance. Check every route in § 500.19, subd. 5, including its express rule on dissolution decrees between spouses, before claiming survivorship.

5. Other claims. Ask title counsel to review any known liens, taxes, or claims affecting the property.

6. Multiple deceased tenants. Identify each relevant death and ask the recording office what proof is needed for each.

7. Legal counsel. Consultation with a licensed Minnesota attorney is recommended.

THIS DOCUMENT DRAFTED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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