Affidavit of Surviving Joint Tenant - North Dakota
Affidavit of Surviving Joint Tenant — North Dakota
Recording county: [COUNTY], North Dakota
Return recorded document to: [NAME AND MAILING ADDRESS]
Property address (if any): [STREET ADDRESS]
Parcel number (if known): [PARCEL NUMBER]
I, [AFFIANT FULL NAME], state on oath or affirmation:
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I am an adult, have reviewed the records identified below, and have personal knowledge of the facts I identify as personal knowledge. My mailing address is [ADDRESS].
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The real property is in [COUNTY] County, North Dakota, and is legally described in Exhibit A, attached to this Affidavit. The property address and parcel number above are for identification; Exhibit A supplies the legal description.
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The recorded instrument creating the co-owners' interests is [DEED / WILL / OTHER INSTRUMENT], dated [DATE] and recorded in [COUNTY] County on [DATE] as document number [NUMBER] or book [BOOK], page [PAGE]. Its exact words creating the joint tenancy are: [QUOTE THE VESTING LANGUAGE]. I have compared the quoted language with the recorded instrument. The instrument expressly declared a joint tenancy as required by N.D. Cent. Code § 47-02-06; § 47-02-08 otherwise treats co-ownership in the owners' own right as an interest in common unless joint tenancy was declared at creation.
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The joint tenants named in that instrument were [LIST ALL JOINT TENANTS]. [DECEDENT FULL LEGAL NAME] was one of those joint tenants and died on [DATE OF DEATH]. My basis for the death date is [IDENTIFY CERTIFIED DEATH CERTIFICATE OR OTHER RECORD, ISSUER, AND DATE]. I am the [FULL NAME AS SHOWN IN VESTING INSTRUMENT] named in the instrument and I survived the decedent. My basis for that identification is [DESCRIBE].
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The other surviving joint tenants, if any, are [NAMES AND ADDRESSES / NONE KNOWN]. This Affidavit identifies the recorded joint tenancy and the death of one joint tenant; it does not state that I alone own the property if another joint tenant survives.
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I request that the county recorder record this Affidavit as an instrument affecting real-property title under N.D. Cent. Code § 47-19-01. Section 47-19-02(4) permits an affidavit bearing a jurat or sworn verification to be recorded without a separate acknowledgment. Section 47-19-07 places recording in the county where the property lies. The record gives notice of its contents as they appear of record under § 47-19-19. I do not claim that this Affidavit alone extinguishes a tax, lien, mortgage, judgment, or other encumbrance.
Affiant signature: __________________________
Printed name: [AFFIANT NAME]
Date: [DATE]
Verification on oath or affirmation
State of North Dakota
County of [COUNTY]
Signed and sworn to (or affirmed) before me on [DATE] by [AFFIANT NAME].
Notarial officer signature: __________________________
Title of office: [TITLE]
Commission expires: [DATE, IF APPLICABLE]
Stamp: [NOTARIAL STAMP]
Exhibit A — legal description
[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING RECORD; CONTINUE ON AN ATTACHED PAGE IF NEEDED]
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- North Dakota
- Category
- Real Estate
Legal authority
- N.D. Cent. Code § 47-02-06 (expressly created joint interest)
- N.D. Cent. Code § 47-02-08 (interest in common unless joint tenancy declared)
- N.D. Cent. Code § 47-19-01 (recordable title instrument)
- N.D. Cent. Code § 47-19-02(4) (affidavit with jurat or sworn verification recordable without acknowledgment)
- N.D. Cent. Code § 47-19-06 (optional recording of certified death certificate with legal description)
- N.D. Cent. Code § 47-19-07 (county of recording)
- N.D. Cent. Code § 47-19-19 (notice effect of record)
- N.D. Cent. Code § 11-18-05(1)(a) (recording format and fees)
- N.D. Cent. Code § 44-06.1-19(3) (short-form sworn verification certificate)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.D. Cent. Code § 47-02-06 (checked October 3, 2026): "A joint interest is one owned by several persons in equal shares by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants."
N.D. Cent. Code § 47-02-08 (checked October 3, 2026): "Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership for partnership purposes, or unless declared in its creation to be a joint tenancy."
N.D. Cent. Code § 47-19-01 (checked October 3, 2026): "Any instrument affecting the title to or possession of real property may be recorded as provided in this chapter."
N.D. Cent. Code § 47-19-02(4) (checked October 3, 2026): "An affidavit that bears a jurat or verification upon oath or affirmation."
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