Affidavit of Surviving Joint Tenant (Tenant by the Entirety) - New York

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Designation:
Section: _______ Block: _______ Lot: _______

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF NEW YORK
COUNTY OF _________________ ss.:

ARTICLE I: AFFIANT IDENTIFICATION

_________________________ ("Affiant"), being duly sworn, deposes and says upon personal knowledge:

1. Affiant is over the age of eighteen (18) years, is competent to make this Affidavit, and has personal knowledge of the facts stated herein. This Affidavit is made to confirm and record the vesting of title in the surviving owner by right of survivorship following the death of a joint tenant (or tenant by the entirety), pursuant to EPTL § 6-2.2.

2. Affiant resides at: _____________________________________________
_____________________________________________

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 Schedule B and is recorded with this Affidavit.

Recital (b) — The Vesting Deed Creating Survivorship

4. Title to the real property described herein was conveyed and vested by a deed dated [__/__/____] and recorded on [__/__/____] in the Office of the ☐ County Clerk ☐ City Register of _________________ County, New York, at:

☐ Liber/Reel _______, Page _______; or
☐ City Register File Number (CRFN) _________________.

By that deed, the property was conveyed to _________________________ and _________________________, holding title as (check one):

☐ Tenants by the entirety (Decedent and Affiant being husband and wife) — EPTL § 6-2.2(b);
☐ Joint tenants with right of survivorship (and not as tenants in common) — expressly declared, EPTL § 6-2.2(a);
☐ Persons described as husband and wife / spouses but not legally married, taking as joint tenants — EPTL § 6-2.2(d).

Recital (c) — The Real Property

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

Tax Map Designation: Section _______ Block _______ Lot _______

Property Address: _____________________________________________

Recital (d) — Affiant Is the Surviving Tenant

6. Affiant is one and the same person named as a grantee in the vesting deed described in Recital (b), held title with the Decedent as a tenant by the entirety or joint tenant with right of survivorship, and survived the Decedent. The Decedent named in the attached certificate of death is one and the same person as the co-tenant named in that vesting deed who has died.

☐ Any other surviving joint tenant(s) and their 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 EPTL § 6-2.2, the interest of the Decedent in the real property terminated and title vested in the surviving owner(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) — Estate / Inheritance Tax and Lien Statement

8. With respect to the New York estate tax lien under Tax Law § 982, which is a lien upon all property includible in the New York gross estate for fifteen (15) years from the date of death (check all that apply):

☐ No release required (spousal): The real property was held by the Decedent and the surviving spouse as the only joint tenants/tenants by the entirety; per the Department of Taxation and Finance, a release of the estate tax lien is not required.

☐ Release obtained: A Release of Lien of Estate Tax (Form ET-117) has been issued by the New York State Department of Taxation and Finance and is attached for recording. The application included ET-117 and the applicable ET-30, ET-85, or ET-706.

If the spousal exception does not apply, a low estate value or absence of estate tax due does not by itself eliminate the release requirement. Obtain ET-117 before using the release-obtained statement above.

☐ No federal estate tax return is required, or any federal estate tax due has been paid or provided for.

9. Except as disclosed below, there are no unpaid liens, mortgages, 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 EPTL § 6-2.2 and is offered for recording under Real Property Law § 291 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 Clerk / City Register accept and record this Affidavit together with the attached certified copy of the certificate of death (and the release of estate tax lien, if applicable).

ARTICLE III: VERIFICATION AND JURAT

Affiant affirms under penalty of perjury that the foregoing statements are true and correct to the best of Affiant's knowledge.

_____________________________________________
Signature of Affiant (Surviving Owner)

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT

STATE OF NEW YORK
COUNTY OF _________________ ss.:

Sworn to and subscribed before me on this _____ day of _________________ in the year 20_____, by _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual who executed the foregoing Affidavit.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

SCHEDULE A — LEGAL DESCRIPTION

Legal Description of Property:

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Designation: Section _______ Block _______ Lot _______

SCHEDULE B — CERTIFIED DEATH CERTIFICATE

☐ A certified copy of the certificate of death of the Decedent is attached hereto as Schedule B and is recorded with this Affidavit.

☐ A Release of Lien of Estate Tax (Form ET-117) is attached (if required; see Recital (f)).

NEW YORK RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

For a county clerk outside the NYC City Register, CPLR 8021(a)(4) sets a $5 recording charge plus $3 for each page or portion. A county may increase those charges by county law to $20 plus $5 per page. The statute also adds a $5 records-management charge and a $15 cultural-education charge. The NYC City Register uses a different ACRIS schedule. Ask the recording office for the complete fee before filing.

Important New York Notes

1. Survivorship Must Exist: This affidavit clears title only where the vesting deed created a tenancy by the entirety (spouses, EPTL § 6-2.2(b)) or an expressly declared joint tenancy with right of survivorship (EPTL § 6-2.2(a)). A tenancy in common passes through the estate, not by survivorship.

2. Estate Tax Lien Release: A release is generally required before a transfer within the 15-year lien period, except where the decedent and surviving spouse held the real property as the only joint tenants. The requirement does not depend on property value. Apply with Form ET-117 plus the applicable Form ET-30, ET-85, or ET-706, following the Tax Department's current eligibility instructions; receive the stamped release before scheduling a closing.

3. Cooperative Apartments: For co-op shares and the appurtenant proprietary lease, see EPTL § 6-2.2(c) (spouses take by the entirety for dispositions on or after January 1, 1996); transfer is effected through the cooperative corporation rather than by recording.

4. Title Insurance / Legal Counsel: Surviving owners should obtain a title examination and consult a licensed New York attorney.

THIS INSTRUMENT WAS PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

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