Affidavit of Surviving Joint Tenant - Mississippi

IMPORTANT LEGAL NOTICE
This Affidavit of Surviving Joint Tenant is a SWORN instrument used to clear title of record after the death of one joint tenant (or tenant by the entirety). It conveys nothing; title to property held with the right of survivorship passes to the surviving owner automatically by operation of law at death (Miss. Code § 89-1-7). Record it, together with a certified copy of the death certificate, with the Chancery Clerk of the county where the property lies. Mississippi imposes NO state real estate transfer tax.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Mississippi

[3" TOP MARGIN REQUIRED FOR RECORDING INFORMATION]

RECORDING INFORMATION

After Recording Return To:

Prepared By:

PROPERTY INFORMATION

RECORDING FEES

Note: Mississippi does NOT impose a state real estate transfer tax. This Affidavit is not a conveyance.

PARTIES

AFFIANT (Surviving Joint Tenant):

Name: [AFFIANT FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Telephone: [PHONE NUMBER] (REQUIRED per Miss. Code 27-3-51(2))

DECEDENT (Deceased Joint Tenant):

Name: [DECEDENT FULL LEGAL NAME]

Date of Death: [__/__/____]

Place of Death: [CITY], [COUNTY] County, [STATE]

AFFIDAVIT

STATE OF MISSISSIPPI
COUNTY OF _______________

PERSONALLY appeared before me, the undersigned authority in and for the said county and state, within my jurisdiction, the within named [AFFIANT FULL LEGAL NAME] ("Affiant"), who, being by me first duly sworn, on oath deposes and states as follows:

1. Affiant Identification and Competency

That Affiant is over the age of twenty-one (21) years, is competent to make this Affidavit, is under no legal disability, and makes this Affidavit upon Affiant's own personal knowledge of the facts stated herein, which are true and correct.

2. Death of the Decedent

That [DECEDENT FULL LEGAL NAME] ("Decedent") died on the _____ day of _________________, 20_____, at [CITY], [COUNTY] County, [STATE]. A certified copy of the Decedent's death certificate is attached hereto as Exhibit B and is recorded herewith.

3. The Vesting Deed Creating the Survivorship Estate

That 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 in the land records of the Chancery Clerk of [COUNTY] County, Mississippi, in Book _______, Page _______ (Instrument No. _____________), on _________________, 20___.

That the Vesting Deed expressly vested title in the Decedent and Affiant with the right of survivorship (check one):

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

☐ as husband and wife, as an estate by the entirety with right of survivorship (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).

That, under Miss. Code § 89-1-7, conveyances to two or more persons are construed to create estates in common and not in joint tenancy or entirety unless it manifestly appears from the tenor of the instrument that an estate in joint tenancy or entirety with the right of survivorship was intended; the Vesting Deed manifestly so provides by the express survivorship language checked above.

4. The Property

That the Property that is the subject of this Affidavit is situated in [COUNTY] County, State of Mississippi, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Parcel ID Number: _____________________________________________

5. Affiant Is the Surviving Joint Tenant

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

6. Vesting of Title by Right of Survivorship

That the Vesting Deed expressly created a right of survivorship as described in Miss. Code § 89-1-7 and that Affiant claims title as the surviving owner following the Decedent's death, subject to any liens or other interests that bind the Property under applicable law. This Affidavit does not adjudicate the rights of creditors or other claimants.

7. Tax, Lien, and Encumbrance Statement

That, to the best of Affiant's knowledge and belief:

☐ All ad valorem taxes against the Property that are due and payable have been paid, or are not yet due and payable;

☐ 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: _________________________________________________;

☐ Mississippi imposes no state estate or inheritance tax; any applicable federal estate tax obligation has been or will be addressed as required by law, and recording of this Affidavit is without prejudice to the rights of any taxing authority.

8. Purpose and Request to Record

That 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 the Chancery Clerk of [COUNTY] County, Mississippi, record this Affidavit together with the certified copy of the death certificate attached as Exhibit B.

That Affiant makes this Affidavit knowing that title examiners, title insurers, prospective purchasers, and lenders will rely upon the truth of the statements herein.

EXECUTION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

________________________________________
[AFFIANT FULL LEGAL NAME] (Typed/Printed), Affiant

SWORN TO AND SUBSCRIBED before me, the undersigned authority in and for the said county and state, on this _____ day of _________________, 20_____, within my jurisdiction, by the within named [AFFIANT FULL LEGAL NAME], who acknowledged that the foregoing statements made by him/her under oath are true and correct to the best of his/her knowledge, information, and belief.

GIVEN under my hand and official seal, this _____ day of _________________, 20_____.

________________________________________
NOTARY PUBLIC
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Mississippi [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], a subdivision according to a map or plat thereof which is on file and of record in Plat Book ___, at Page ___, in the office of the Chancery Clerk of [COUNTY] County, Mississippi.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ [North/South], Range ___ [East/West], [COUNTY] County, Mississippi, containing _____ acres, more or less.
• [METES AND BOUNDS DESCRIPTION]

Being the same land described in the Vesting Deed recorded in Book _______, Page _______, in the office of the Chancery Clerk of [COUNTY] County, Mississippi.

County: [COUNTY], Mississippi

EXHIBIT B - CERTIFIED COPY OF DEATH CERTIFICATE

☐ A certified copy of the death certificate of the Decedent is attached hereto and recorded herewith.

MISSISSIPPI RECORDING REQUIREMENTS

Filing Information

• Filing Office: Chancery Clerk, [COUNTY] County, Mississippi (Miss. Code 89-5-1)
• Recording Fee: Pearl River County lists $26.00 for the first five pages including indexing, plus $1.00 for each later page. Confirm the total and any other applicable charges with the receiving chancery clerk.
• Transfer Tax: Mississippi does NOT impose a state real estate transfer tax; this Affidavit is not a conveyance

Document Requirements (Miss. Code 89-5-24, 27-3-51)

☐ 3" top margin on first page for recording information
☐ Legal description or indexing instruction on the first page, continuing on the next page if space is insufficient (Miss. Code § 89-5-24)
☐ Document title identifying type of instrument ("Affidavit of Surviving Joint Tenant")
☐ Names, mailing addresses, and telephone numbers of parties (Miss. Code 27-3-51(2))
☐ Signature in black or blue ink
☐ Typed, printed, or stamped name beneath signature
☐ Proper acknowledgment/jurat sworn before a notary (Miss. Code 89-3-1, 89-3-7)
☐ Certified copy of death certificate attached (Exhibit B)
☐ Legible and reproducible

Recording and Effect (Miss. Code §§ 89-5-1, 89-5-5)

Record this sworn statement with the Chancery Clerk so the death and the Affiant's claimed survivorship appear in the land records. Section 89-5-5 gives recording-priority timing to listed conveyances and other instruments; it does not say that recording this Affidavit conveys title or gives the Affidavit priority against creditors or later purchasers. The claimed title arises from the Vesting Deed and survivorship, subject to interests that bind the Property.

Important Mississippi Notes

1. Operative effect of survivorship. Property held in joint tenancy or by the entirety with the right of survivorship passes to the surviving owner automatically by operation of law at death (Miss. Code § 89-1-7). This Affidavit clears title of record; it does not convey title.

2. Express survivorship required (§ 89-1-7). Mississippi presumes a tenancy in common. The right of survivorship must manifestly appear from the tenor of the Vesting Deed (e.g., "as joint tenants with right of survivorship and not as tenants in common"). Confirm such language before relying on this Affidavit.

3. No severance. A right of survivorship can be defeated by acts that sever the joint tenancy before death; confirm the joint tenancy was intact at the Decedent's death.

4. No state death tax. Mississippi imposes no state estate or inheritance tax; consider any federal estate tax where applicable.

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

Statutory References

• Miss. Code 89-1-7 - Joint tenancy/entirety with right of survivorship
• Miss. Code 89-3-1, 89-3-7 - Acknowledgment/notarization requirements
• Miss. Code 89-5-1 - Recording with Chancery Clerk
• Miss. Code 89-5-5 - Recording-priority rule for listed instruments, not this Affidavit
• Miss. Code 89-5-24 - Recording standards and requirements
• Miss. Code 27-3-51(2) - Telephone number requirement

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Mississippi Code Title 89