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 as Exhibit "B" and submitted for recording with this Affidavit.

☐ The certified death certificate was separately recorded at Book _____, Page _____ / Instrument No. __________.

☐ 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 quoted language is intended to satisfy RSA 477:18's requirement that a joint tenancy be clearly expressed rather than left to the tenancy-in-common default.

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

Based on the Vesting Deed's express survivorship language and the absence of any known severance, Affiant states that Affiant is the surviving owner of the interest formerly held jointly with the Decedent. This Affidavit is submitted to place the Decedent's death and the claimed survivorship on the land records; it is not a substitute for resolving a disputed severance, lien, probate, or title issue.

7. Transfer-Tax Statement

RSA 78-B:2, XI expressly excepts from the New Hampshire real estate transfer tax a transfer occurring by the death of a cotenant in real estate held by joint tenancy, regardless of consideration paid or an obligation assumed by the transferee. This exception does not determine federal tax, creditor, lien, Medicaid-estate-recovery, or probate consequences.

8. Statutory Basis and Request to Record

This Affidavit recites the Vesting Deed's joint-tenancy language under RSA 477:18 and is offered for recording under RSA 478:4. Affiant requests that the Register of Deeds for _________________ County record this Affidavit and, if selected above and accepted by the Registry, the attached certified 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:

The property is located in the [Town / City] of ____________________, New Hampshire, and is more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

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. Required recording information. State the latest mailing address of the named grantee/survivor, identify all municipalities in the first sentence of the first description paragraph, and print or type each signing party's name below the signature. RSA 478:4-a.

4. Transfer-tax exception. RSA 78-B:2, XI specifically covers the death of a cotenant in real estate held by joint tenancy; use the exact exception rather than a general “operation of law” statement.

5. Protected identifiers. Do not put a Social Security number, military service number, credit-card number, or deposit-account number in this Affidavit. RSA 478:4-b separately excepts certified death certificates filed or recorded with the Registry.

6. Legal counsel. A title professional should confirm that the deed actually created survivorship and that no later instrument, severance, lien, or probate issue changes the result.

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.