Affidavit of Surviving Joint Tenant - North Dakota

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 3 inches required per N.D.C.C. § 11-18-05(1)(a)(4))

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NORTH DAKOTA
COUNTY OF _________________

ARTICLE I: AFFIANT IDENTIFICATION

The undersigned, _________________________ ("Affiant"), being first duly sworn, deposes and states 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 to confirm, of record, the vesting of title in the surviving owner by right of survivorship following the death of a joint tenant, under N.D.C.C. § 47-02-06.

2. Affiant's mailing (post office) 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 (Joint Tenancy) Deed

4. Title to the real property described herein was conveyed and vested by a deed (or other instrument) which expressly declared a joint tenancy with right of survivorship under N.D.C.C. § 47-02-06, dated [__/__/____] and recorded on [__/__/____] in the office of the Recorder of _________________ County, North Dakota, as:

☐ Document/Instrument Number _________________; or
☐ Book _______, Page _______.

By that instrument, the property was conveyed to _________________________ and _________________________, as joint tenants with right of survivorship, and not as tenants in common.

Recital (c) — The Real Property

5. The real property affected by this Affidavit is situated in the County of _________________, State of North Dakota, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Parcel ID Number: _____________________________________________

Property Address: _____________________________________________

Recital (d) — Affiant Is the Surviving Joint Tenant

6. Affiant is one and the same person named as a grantee and joint tenant in the vesting deed described in Recital (b), and Affiant survived the Decedent. The Decedent named in the attached certificate of death is one and the same person as the joint tenant named in that vesting deed who has died.

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

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

7. Upon the death of the Decedent, by operation of the right of survivorship under N.D.C.C. § 47-02-06, the interest of the Decedent in the real property terminated and title vested in the surviving joint tenant(s), namely the Affiant (and any other survivor named above), free of any interest of the Decedent, the Decedent's heirs, devisees, or estate, and without administration of that interest in the Decedent's estate.

Recital (f) — Tax and Lien Review

8. With respect to taxes and liens:

☐ Counsel reviewed current official state and federal sources and case-specific
records for tax returns, tax or other liens, clearances, releases, and title
requirements. Result and supporting evidence: [________________________________].

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.D.C.C. §§ 47-02-06 and 47-02-08, and is offered for recording under N.D.C.C. § 47-19-03 and § 47-19-19 to establish of record that, by right of survivorship, title to the property has vested in the surviving owner(s). Affiant requests that the County Recorder accept and record this Affidavit together with the attached certified copy of the certificate of death.

ARTICLE III: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

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 Joint Tenant)

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT (N.D.C.C. § 44-06-13.2)

STATE OF NORTH DAKOTA
COUNTY OF _________________

Subscribed and sworn to before me on this _____ day of _________________, 20_____, by _________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing Affidavit.

_____________________________________________
Notary Public, State of North Dakota

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of North Dakota

Parcel ID Number: _____________________________________________

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 DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements (N.D.C.C. § 11-18-05(1)(a))

• Top Margin: Minimum 3 inches across the top of the first page for the recorder's use
• Side Margin: Minimum 1 inch on the top, bottom, or side of each page (or $10.00 non-conforming margin fee)
• Font Size: Minimum 10-point Calibri (or equivalent) unless a government-issued form
• Paper Size: 8.5" x 14" or smaller

Recording Fees

Important North Dakota Notes

1. Survivorship Must Be Express: This affidavit clears title only where the vesting deed expressly declared a joint tenancy with right of survivorship (N.D.C.C. § 47-02-06). Under § 47-02-08, co-ownership defaults to a tenancy in common, which passes through probate rather than by survivorship.

2. No Tenancy by the Entirety: Tenancy by the entirety has never been recognized in North Dakota; married couples take as joint tenants only if expressly so declared.

3. Tax and lien review: Do not infer the absence of a tax, lien, return,
   clearance, release, or recording consequence from this affidavit. Verify each
   issue against current official sources and the case facts.

4. Transfer classification: Confirm the legal and tax classification of the
   survivorship confirmation before recording.

5. Social Security Numbers: Must be redacted from all documents submitted for recording.

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

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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