Affidavit of Surviving Joint Tenant - New Jersey

AFFIDAVIT OF SURVIVING JOINT TENANT

State of New Jersey

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NEW JERSEY
COUNTY OF _________________

_____________________________________________ ("Affiant"), of full age, being duly sworn according to law upon Affiant's oath, deposes and says:

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 _________________________ (municipality), County of _________________, State of _________________.

A certified copy of the Decedent's death certificate is attached hereto as Schedule "B" and is recorded herewith.

☐ Affiant's relationship to the Decedent (if any): _____________________________________________

3. The Vesting Instrument Creating the Survivorship Estate

Title to the real property described in Schedule "A" ("Property") was conveyed to Affiant and the Decedent by the following instrument ("Vesting Deed"):

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

The Property was held by Affiant and the Decedent (select one):

☐ As joint tenants with right of survivorship, and not as tenants in common (N.J.S.A. 46:3-17)
☐ As husband and wife / spouses, as tenants by the entirety (N.J.S.A. 46:3-17.2)

4. The Property

The Property that was the subject of the Vesting Deed is described in Schedule "A" attached hereto and made a part hereof.

Being commonly known as: _____________________________________________

Block: _______ Lot: _______

5. Affiant Is the Surviving Joint Tenant / Spouse

Affiant is one and the same person named as a grantee in the Vesting Deed and is the surviving joint tenant (or surviving spouse holding by tenancy by the entirety). Affiant and the Decedent remained joint tenants (or tenants by the entirety) continuously from the date of the Vesting Deed until the death of the Decedent. The joint tenancy (or tenancy by the entirety) 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 and title vested in the surviving joint tenant(s) by right of survivorship. Where the estate was a tenancy by the entirety, pursuant to N.J.S.A. 46:3-17.5 the surviving spouse is deemed to have owned the whole of all rights under the original instrument of conveyance from its inception. The Decedent's interest in the Property did not pass under the Decedent's will or by intestate succession and is not subject to administration in the Decedent's probate estate.

7. Inheritance Tax and Lien Statement

To the best of Affiant's knowledge and belief:

☐ 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 Jersey) — Inheritance Tax Waiver: New Jersey imposes a Transfer Inheritance Tax (N.J.S.A. 54:34-1 et seq.). Transfers to a surviving spouse or civil-union partner and to Class "A" beneficiaries (parents, grandparents, children, stepchildren, grandchildren) are exempt from inheritance tax, and the New Jersey estate tax has been repealed for deaths on or after January 1, 2018. However, a tax waiver (Form O-1) — or, for Class "A" beneficiaries in resident estates, a Form L-9 self-executing waiver — may be required to clear title to New Jersey real property held by a decedent. Recording this Affidavit clears record title but does not by itself satisfy or release any inheritance tax obligation. Confirm waiver requirements with the New Jersey Division of Taxation, Inheritance and Estate Tax Branch.

☐ The transfer to Affiant is exempt from New Jersey inheritance tax (surviving spouse / civil-union partner / Class "A" beneficiary).
☐ A tax waiver (Form O-1 / Form L-9) ☐ has been obtained ☐ will be obtained and recorded.

8. Statutory Basis and Request to Record

This Affidavit is made pursuant to N.J.S.A. 46:3-17, 46:3-17.2, and 46:3-17.5, and is recordable under N.J.S.A. 46:26A-2, for the purpose of establishing of record the termination of the Decedent's interest and the vesting of title in the surviving joint tenant(s) or spouse. Affiant requests that the Clerk of _________________ County, New Jersey, record this Affidavit together with the attached certified copy of the Decedent's death certificate.

VERIFICATION / JURAT

FURTHER AFFIANT SAYETH NAUGHT.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

_____________________________________________ (Affiant Signature)

_____________________________________________
Printed Name of Affiant

Date: [__/__/____]

STATE OF NEW JERSEY
COUNTY OF _________________

Sworn to and subscribed before me on this _____ day of _________________, 20_____, by _____________________________________________, who is personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Affidavit.

_____________________________________________
Notary Public of New Jersey (or Attorney-at-Law of New Jersey)

_____________________________________________
Printed Name

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

SCHEDULE A — LEGAL DESCRIPTION

Legal Description of Property:

The land in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, State of New Jersey:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Block: _______ Lot: _______

SCHEDULE B — CERTIFIED DEATH CERTIFICATE

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

NEW JERSEY RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

• Black, legible type for scanning
• Block, lot, municipality, and county on first page
• Names as appearing on prior deed on first page

Recording Fees

Important New Jersey Notes

1. Two survivorship estates. Real property may pass by survivorship as a joint tenancy (N.J.S.A. 46:3-17) or, between spouses, as a tenancy by the entirety (N.J.S.A. 46:3-17.2). The default for an instrument silent as to form is tenancy in common.

2. Surviving spouse deemed sole owner from inception. N.J.S.A. 46:3-17.5 provides that on the death of either spouse the survivor is deemed to have owned the whole from inception.

3. Inheritance tax waiver. New Jersey real property held by a decedent generally cannot be cleared of the inheritance-tax lien without a waiver; surviving spouses and Class "A" beneficiaries are exempt but a Form L-9 (resident, Class "A") or Form O-1 may still be required.

4. No realty transfer fee. A transfer by operation of law on death is not a sale; the Realty Transfer Fee does not apply to this Affidavit.

5. Legal counsel. Consultation with a licensed New Jersey attorney is recommended, particularly regarding inheritance-tax waivers.

THIS AFFIDAVIT WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
New Jersey Bar ID (if attorney)

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