Affidavit of Surviving Joint Tenant (Tenant by the Entirety) - North Carolina

Prepared By:
_____________________________________________

Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NORTH CAROLINA
COUNTY OF _________________

ARTICLE I: AFFIANT IDENTIFICATION

The undersigned, _________________________ ("Affiant"), being first duly sworn, deposes and says upon personal knowledge:

1. Affiant is of legal age, is competent to testify to the matters stated herein, and makes this Affidavit of personal knowledge for the purpose of confirming, of record, the vesting of title in the surviving owner by right of survivorship following the death of a joint tenant (or tenant by the entirety), under N.C.G.S. Chapter 41.

2. Affiant's mailing address is: _____________________________________________
_____________________________________________

ARTICLE II: SWORN RECITALS

Recital (a) — The Decedent

3. _________________________ ("Decedent") died on [__/__/____] at _________________________ (city/county), _________________ (state). A certified copy of the Decedent's certificate of death is attached hereto as Exhibit B and is recorded with this Affidavit.

Recital (b) — The Vesting Deed Creating Survivorship

4. Title to the real property described herein was conveyed and vested by a deed (or other instrument) dated [__/__/____] and recorded on [__/__/____] in the Office of the Register of Deeds of _________________ County, North Carolina, in Book _______, Page _______.

By that instrument, the property was conveyed to _________________________ and _________________________, holding title as (check one):

☐ Tenants by the entirety (Decedent and Affiant being married to each other) — N.C.G.S. § 41-56;
☐ Joint tenants with right of survivorship — the instrument expressing survivorship intent under N.C.G.S. § 41-71 by the words: _________________________ (e.g., "joint tenants with right of survivorship").

Recital (c) — The Real Property

5. The real property affected by this Affidavit lies and is situated in _________________ Township, _________________ County, North Carolina, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Parcel Identifier Number (PIN): _____________________________________________

Property Address: _____________________________________________

Plat Reference (if applicable): Plat Book _____, Page _____, _________________ County Registry.

Recital (d) — Affiant Is the Surviving Tenant

6. Affiant is one and the same person named as a grantee in the vesting deed described in Recital (b), held title with the Decedent as a tenant by the entirety or joint tenant with right of survivorship, and survived the Decedent. The Decedent named in the attached certificate of death is one and the same person as the co-tenant named in that vesting deed who has died.

☐ Any other surviving joint tenant(s) and their address(es):
_____________________________________________

Recital (e) — Vesting of Title by Right of Survivorship

7. Upon the death of the Decedent:

☐ (Entirety) The surviving spouse acquired the entire legal title to the property by right of survivorship, pursuant to N.C.G.S. § 41-64; or

☐ (Joint tenancy) By operation of the right of survivorship under N.C.G.S. § 41-71, the interest of the Decedent terminated and title vested in the surviving joint tenant(s);

in each case free of any interest of the Decedent, the Decedent's heirs, devisees, or estate.

Recital (f) — Estate / Inheritance Tax and Lien Statement

8. With respect to taxes and liens:

☐ North Carolina repealed its estate tax effective for decedents dying on or after January 1, 2013; no North Carolina estate tax lien attaches to the property by reason of the Decedent's death. North Carolina imposes no inheritance tax.

☐ No federal estate tax return is required, or any federal estate tax due has been paid or provided for, and no federal estate tax lien is asserted against the property.

9. Except as disclosed below, there are no unpaid liens, judgments, or encumbrances against the property created by, through, or under the Decedent that survive the Decedent's death and remain Affiant's responsibility:
_____________________________________________

Recital (g) — Statutory Basis and Request to Record

10. This Affidavit is made pursuant to N.C.G.S. §§ 41-56, 41-64, 41-71, 41-72, and 41-73, and is offered for registration under N.C.G.S. Chapter 47 to establish of record that, by right of survivorship, title to the property has vested in the surviving owner(s). Affiant requests that the Register of Deeds accept and record this Affidavit together with the attached certified copy of the certificate of death.

ARTICLE III: VERIFICATION AND JURAT

Affiant states under penalty of perjury that the foregoing is true and correct to the best of Affiant's knowledge and belief.

_____________________________________________
Signature of Affiant (Surviving Owner)

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT

STATE OF NORTH CAROLINA
COUNTY OF _________________

Sworn to and subscribed before me this the _____ day of _________________, 20_____, by _________________________, whose identity was proved to me on satisfactory evidence (or who is personally known to me).

WITNESS my hand and official seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

Lying and being in _________________ Township, _________________ County, North Carolina, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identifier Number (PIN): _____________________________________________

EXHIBIT B — CERTIFIED DEATH CERTIFICATE

☐ A certified copy of the certificate of death of the Decedent is attached hereto as Exhibit B and is recorded with this Affidavit.

NORTH CAROLINA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (N.C.G.S. § 161-10)

Important North Carolina Notes

1. Survivorship Must Exist: This affidavit clears title only where the vesting deed created a tenancy by the entirety (spouses, § 41-56) or an expressly created joint tenancy with right of survivorship (§ 41-71). A tenancy in common passes through probate, not by survivorship.

2. 2020 Recodification: Session Law 2020-50 recodified former Chapter 39 entireties provisions into Chapter 41. Former § 39-13.6(a) became § 41-58; § 41-56 governs creation and § 41-64 governs termination upon a spouse's death. Check the vesting deed and the law applicable when the interest was created.

3. Practice of Law: Drafting deeds and related title instruments is the practice of law in North Carolina (N.C.G.S. § 84-2.1); this affidavit should be prepared by or under the supervision of a licensed attorney.

4. No Excise Tax: Confirmation of a survivorship transfer is not a conveyance for consideration and is not subject to excise tax under N.C.G.S. § 105-228.30.

5. Title Insurance / Legal Counsel: Surviving owners should obtain a title examination and consult a licensed North Carolina attorney.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
NC State Bar Number (if attorney)

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