Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

State of New Hampshire

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NEW HAMPSHIRE
COUNTY OF _________________

_____________________________________________ ("Affiant"), being first duly sworn, deposes and states as follows:

1. Identity and Competency of Affiant

Affiant is over the age of eighteen (18) years, is competent to testify, and makes this Affidavit upon Affiant's own personal knowledge of the facts stated herein. Affiant's mailing address is:

_____________________________________________
_____________________________________________

2. The Decedent

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

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 and not a tenancy in common, as required by RSA 477:18:

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

The grantees took title "as joint tenants with rights of survivorship," expressly overriding the default tenancy-in-common presumption of RSA 477:18.

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: _____________________________________________

Tax Map _______, Lot _______

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. Affiant and the Decedent remained joint tenants continuously from the date of the Vesting Deed until the death of the Decedent. The joint tenancy 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

Upon the death of the Decedent, the Decedent's interest in the Property terminated by operation of law, and the surviving joint tenant(s) retained full title to the Property by right of survivorship. The right of survivorship cannot be defeated by the Decedent's will or other testamentary disposition. The Decedent's interest in the Property is not subject to administration in the Decedent's probate estate.

7. Tax and Lien 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 free of unpaid liens, judgments, or encumbrances created by the Decedent that remain undischarged, except as follows:
_____________________________________________
_____________________________________________

Note (New Hampshire): New Hampshire imposes no state estate tax and no state inheritance tax. The vesting of survivorship property in the surviving joint tenant by operation of law is generally not a taxable transfer for purposes of the Real Estate Transfer Tax (RSA 78-B). No state death-tax waiver is required to clear title.

8. Statutory Basis and Request to Record

This Affidavit is made pursuant to RSA 477:18 and the recording provisions of RSA 477:3-a and RSA Chapter 478, for the purpose of establishing of record the termination of the Decedent's interest and the confirmation of title in the surviving joint tenant(s). Affiant requests that the Register of Deeds for _________________ County, New Hampshire, record this Affidavit together with the attached certified copy of the Decedent's death certificate.

VERIFICATION / JURAT

FURTHER AFFIANT SAYETH NAUGHT.

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

_____________________________________________ (Affiant Signature)

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

STATE OF NEW HAMPSHIRE
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, the undersigned Notary Public (or Justice of the Peace), personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this Affidavit, who subscribed and swore to (or affirmed) the truth of the foregoing before me.

_____________________________________________
Notary Public / Justice of the Peace, State of New Hampshire

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Town/City of _________________, County of _________________, State of New Hampshire

Tax Map _______, Lot _______

EXHIBIT B — CERTIFIED DEATH CERTIFICATE

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

NEW HAMPSHIRE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Important New Hampshire Notes

1. Joint tenancy must be express. Under RSA 477:18, a conveyance to two or more persons creates a tenancy in common unless joint tenancy (with rights of survivorship) is expressly stated. Verify the vesting deed contains the survivorship language before relying on this Affidavit.

2. County-level recording. New Hampshire records real-property documents at the county Registry of Deeds, not at the municipal level.

3. No NH death tax. New Hampshire imposes no estate or inheritance tax; no state tax waiver is required.

4. Transfer tax exception. A transfer that occurs by operation of law upon death is generally not subject to the Real Estate Transfer Tax (RSA 78-B:2); confirm the applicable exception.

5. Legal counsel. Examination of title and drafting of title-clearing instruments constitute the practice of law in New Hampshire. Consultation with a licensed New Hampshire attorney is strongly recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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