Affidavit of Surviving Joint Tenant - Minnesota

AFFIDAVIT OF SURVIVING JOINT TENANT

(Affidavit of Survivorship)

State of Minnesota

Drafted By:
_____________________________________________
(Name and Address - Required per Minn. Stat. 507.091)

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). A certified copy of the Decedent's record of death (death certificate) is attached hereto as Exhibit "B" and is recorded/filed herewith.

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. The joint tenancy created by the Vesting Deed was not severed prior to the Decedent's death. No instrument of severance was recorded, no severance was executed by all of the joint tenants, no severance was ordered by a court of competent jurisdiction, and no severance occurred by reason of bankruptcy of a joint tenant, within the meaning of Minn. Stat. § 500.19, subd. 5.

10. Upon the death of the Decedent, by operation of law and by the right of survivorship, the entire interest of the Decedent in the Property terminated, and title to the Property vested in Affiant as the surviving joint tenant(s), free of any interest of the Decedent, the Decedent's estate, heirs, devisees, or personal representative. The Property is not subject to administration as part of the Decedent's probate estate.

Section 7. Tax, Lien, and Encumbrance Statement

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

☐ All real property taxes and special assessments against the Property that are due and payable have been paid, or are not yet due and payable, and the property taxes are not delinquent (Minn. Stat. § 272.12);

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

☐ Minnesota imposes no state inheritance tax; any Minnesota estate tax (Minn. Stat. ch. 291) and any medical assistance claim or lien (Minn. Stat. § 256B.15) arising by reason of the Decedent's death have been or will be addressed as required by law, and recording of this Affidavit is without prejudice to the rights of any agency or taxing authority.

Section 8. Purpose and Request to Record

12. 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. Affiant requests that this Affidavit, together with the certified copy of the record of death attached as Exhibit "B", be recorded by the County Recorder (for abstract land) or filed with the Registrar of Titles (for registered/Torrens land) of _________________ 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 on _________________, 20_____, by _________________________, the above-named Affiant,

☐ 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 record of death of the Decedent is attached hereto and recorded/filed herewith.

MINNESOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Standards (Minn. Stat. § 507.093)

Recording Fees (Minn. Stat. § 357.18)

Note: Fees vary by county. Contact the specific County Recorder or Registrar of Titles for the current schedule.

Important Minnesota Notes

1. Operative effect of survivorship. Property held in joint tenancy passes to the surviving joint tenant(s) automatically by operation of law at death. This affidavit of survivorship makes the survivorship of record so the title is marketable; it does not convey title.

2. Express joint tenancy required (§ 500.19, subd. 2). Minnesota presumes a tenancy in common. Confirm the Vesting Deed expressly declared a joint tenancy 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. A right of survivorship is defeated by a recorded (or otherwise effective) severance before death (§ 500.19, subd. 5). Confirm no severance occurred.

5. Estate tax / MA claims. Recording this Affidavit does not extinguish a Minnesota estate tax obligation (ch. 291) or a medical-assistance claim or lien (§ 256B.15). Address these where applicable.

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

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

THIS DOCUMENT DRAFTED BY (Minn. Stat. § 507.091):

_____________________________________________
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.