Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Missouri

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID:
_____________________________________________

3" TOP MARGIN FOR RECORDER OF DEEDS' USE (RSMo 59.310)

DOCUMENT INFORMATION

TITLE: AFFIDAVIT OF SURVIVING JOINT TENANT

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF MISSOURI
COUNTY OF _________________

The undersigned Affiant, being of lawful age and first duly sworn upon oath, deposes and states as follows:

1. Identity and Competency of Affiant

My name is _____________________________________________ ("Affiant"). I am over the age of eighteen (18) years, am competent to testify, and make this Affidavit upon my own personal knowledge of the facts stated herein. My current mailing address is:

_____________________________________________
_____________________________________________

2. The Decedent

_____________________________________________ ("Decedent") died on [__/__/____] at _________________________ (city), _________________ County, State of _________________.

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

☐ Affiant's relationship to the Decedent (if any): _____________________________________________

3. The Vesting Instrument Creating the Joint Tenancy / Tenancy by the Entirety

Title to the real property described in Exhibit "A" ("Property") was conveyed to Affiant and the Decedent by the following instrument ("Vesting Deed"), which expressly created a joint tenancy with right of survivorship (or a tenancy by the entirety between husband and wife) and not a tenancy in common:

Vesting language quoted from the deed (verbatim):
"_____________________________________________
_____________________________________________"

The grantees took title:

☐ As joint tenants with right of survivorship, and not as tenants in common (RSMo § 442.450)
☐ As husband and wife, as tenants by the entirety (RSMo § 442.025)

4. The Property

The Property that was the subject of the Vesting Deed is described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Locator Number/Parcel ID: _____________________________________________

5. Affiant Is the Surviving Joint Tenant

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). Affiant and the Decedent remained joint tenants (or tenants by the entirety) continuously from the date of the Vesting Deed until the death of the Decedent. The joint tenancy (or tenancy by the entirety) was never severed, partitioned, terminated, or conveyed during the Decedent's lifetime.

☐ Affiant is the sole surviving joint tenant.
☐ The surviving joint tenant(s) is/are: _____________________________________________

6. Vesting of Title in the Survivor by Right of Survivorship

Under RSMo § 442.450 (and, where applicable, the law governing tenancy by the entirety under RSMo § 442.025), upon the death of the Decedent the Decedent's interest in the Property terminated by operation of law, and full legal and equitable title to the Property vested in the surviving joint tenant(s) by right of survivorship. The Decedent's interest in the Property did not pass under the Decedent's will or by intestate succession and is not subject to administration in the Decedent's probate estate.

7. Tax, Lien, and Estate Statement

To the best of Affiant's knowledge and belief:

☐ No federal estate tax is due, or any federal estate tax due with respect to the Decedent's interest in the Property has been or will be paid.

☐ The Decedent's interest in the Property is not subject to any unpaid liens, judgments, or encumbrances created by the Decedent that remain undischarged, except as follows:
_____________________________________________
_____________________________________________

Note (Missouri): Missouri has no state estate tax and no state inheritance tax. No state death-tax waiver or consent to transfer is required to clear title to survivorship real property in Missouri.

8. Statutory Basis and Request to Record

This Affidavit is made pursuant to RSMo Chapter 442, including RSMo § 442.450, and the recording provisions of RSMo § 442.380 et seq. and RSMo § 59.310, for the purpose of establishing of record the termination of the Decedent's interest and the vesting of title in the surviving joint tenant(s). Affiant requests that the Recorder of Deeds of _________________ County, Missouri, record this Affidavit together with the attached certified copy of the Decedent's death certificate.

Affiant makes this Affidavit for the purpose of inducing reliance upon the marketability of title to the Property and with full knowledge that title insurers, purchasers, lenders, and other persons will rely upon the statements made herein.

VERIFICATION / JURAT

FURTHER AFFIANT SAYETH NAUGHT.

I declare under oath and under penalty of perjury under the laws of the State of Missouri that the foregoing is true and correct.

_____________________________________________ (Affiant Signature)

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

STATE OF MISSOURI
COUNTY OF _________________

Subscribed and sworn to (or affirmed) before me on this _____ day of _________________, 20_____, by _____________________________________________, who is personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Affidavit.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year last above written.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL — Black ink, minimum 8-point type (RSMo 486.285)]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Missouri:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Locator Number/Parcel ID: _____________________________________________

EXHIBIT B — CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _____________________________________________, is attached to this Affidavit and recorded herewith.

MISSOURI RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements (RSMo 59.310)

Document Format Requirements (RSMo 59.310)

Important Missouri Notes

1. Joint tenancy must be express. Under RSMo § 442.450, a conveyance to two or more persons (other than executors, trustees, or husband and wife) is a tenancy in common unless the grant expressly declares a joint tenancy. Confirm the vesting deed contains survivorship language before relying on this Affidavit.

2. Tenancy by the entirety. A conveyance to a husband and wife is presumed to create a tenancy by the entirety, which carries a right of survivorship.

3. No Missouri death tax. Missouri imposes no estate or inheritance tax; no state tax waiver is required.

4. Non-standard penalty. Failure to meet RSMo § 59.310 standards may result in a $25 non-standard fee and addition of a certificate page.

5. Legal counsel. Consultation with a licensed Missouri attorney is recommended, particularly where the joint tenancy may have been severed.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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