Affidavit of Surviving Joint Tenant (Survivorship Tenant) - Ohio

Instrument Prepared By:
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After Recording Return To:
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Tax Mailing Address (Surviving Tenant):
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3" TOP MARGIN REQUIRED FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF OHIO
COUNTY OF _________________

ARTICLE I: AFFIANT IDENTIFICATION

The undersigned, _________________________ ("Affiant"), being first duly sworn, deposes and states upon personal knowledge as follows:

1. Affiant is _____ years of age or older, is competent to testify to the matters stated herein, and makes this Affidavit of personal knowledge for the purpose of confirming and recording the transfer of the interest of a deceased survivorship tenant in the real property described below, under Ohio Revised Code Section 5302.17.

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 Exhibit B and is recorded with this Affidavit.

Recital (b) — The Vesting (Survivorship) Deed

4. Title to the real property described herein was conveyed and vested by a Survivorship Deed in the form prescribed by R.C. § 5302.17, dated [__/__/____] and recorded on [__/__/____] in the Official Records of the Recorder of _________________ County, Ohio, at:

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

By that deed, the property was conveyed to _________________________ and _________________________, "for their joint lives, remainder to the survivor of them," thereby creating a survivorship tenancy within the meaning of R.C. § 5302.17 and § 5302.22(A)(2).

☐ The vesting deed instead created a tenancy by the entireties under R.C. § 5302.17 as it existed between February 9, 1972 and April 3, 1985 (R.C. § 5302.22(A)(4)).

Recital (c) — The Real Property

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

Permanent Parcel Number: _____________________________________________

Property Address: _____________________________________________

Recital (d) — Affiant Is the Surviving Survivorship Tenant

6. Affiant is one and the same person named as a grantee and survivorship 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 survivorship tenant named in that vesting deed who has died.

☐ The other surviving survivorship tenant(s), if any, and their address(es), are:
_____________________________________________
_____________________________________________

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

7. Upon the death of the Decedent, by operation of the right of survivorship under R.C. § 5302.17, the interest of the Decedent in the real property terminated and vested in the surviving survivorship 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.

Recital (f) — Estate, Inheritance Tax, and Lien Statement

8. With respect to taxes and liens:

☐ The Ohio estate tax has been repealed for estates of decedents dying on or after January 1, 2013 (Am. Sub. H.B. 153). No Ohio estate tax lien attaches to the property by reason of the Decedent's death.

☐ For a Decedent dying before January 1, 2013, the Ohio estate tax obligation, if any, has been paid, provided for, or released, and the property is not subject to an unsatisfied Ohio estate tax lien.

☐ No federal estate tax return is required, or any federal estate tax due has been paid or provided for, and no federal estate tax lien is asserted against the property.

☐ 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, except as follows:
_____________________________________________

Recital (g) — Statutory Basis and Request to Record

9. This Affidavit is made pursuant to R.C. § 5302.17, which provides that, when a person holding real property as a survivorship tenant dies, the transfer of the interest of the decedent may be recorded by presenting to the county auditor and filing with the county recorder an affidavit accompanied by a certified copy of a death certificate, reciting the names and addresses of the other survivorship tenant(s), the date of death of the decedent, and a description of the real property.

10. Affiant requests that the County Auditor approve, and the County Recorder accept and record, this Affidavit together with the attached certified copy of the certificate of death, so that the public record reflects the termination of the Decedent's interest and the vesting of title in the surviving survivorship tenant(s).

ARTICLE III: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

Affiant declares under penalty of perjury that the foregoing is true and correct to the best of Affiant's knowledge and belief.

_____________________________________________
Signature of Affiant (Surviving Survivorship Tenant)

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Printed Name of Affiant

Date: _____________________________________________

JURAT (R.C. § 147.55)

STATE OF OHIO
COUNTY OF _________________

Sworn to (or affirmed) and subscribed before me on this _____ day of _________________, 20_____, by _________________________, who is personally known to me or who produced _________________________ as identification.

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Notary Public, State of Ohio

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Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

SITUATED in the ☐ Township ☐ Village ☐ City of _________________, County of _________________, and State of Ohio, and known as being:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
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Permanent Parcel Number: _____________________________________________

Prior Instrument Reference (Survivorship Deed): Volume _______, Page _______, or Instrument 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, as required by R.C. § 5302.17.

OHIO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Document Format Requirements

Important Ohio Notes

1. Survivorship Must Be Express: This affidavit clears title only where the vesting deed created a survivorship tenancy under R.C. § 5302.17 ("for their joint lives, remainder to the survivor of them"). If the deed created a tenancy in common, the decedent's interest passes through probate, not by this affidavit.

2. Alternative — Certificate of Transfer: R.C. § 5302.17 also permits recording the transfer by a certificate of transfer issued in a probate proceeding under R.C. § 2113.61. This affidavit is the non-probate alternative.

3. Tenancy by the Entireties — Limited Window: Ohio recognizes tenancy by the entireties only for deeds recorded between February 9, 1972 and April 3, 1985 (R.C. § 5302.22(A)(4)). It cannot be created at any other time.

4. No Conveyance Fee: Confirmation of a survivorship transfer is generally exempt from the real property conveyance fee; confirm exemption (DTE Form 100-EX) with the County Auditor.

5. Title Insurance / Legal Counsel: Surviving owners should consider title examination and consult a licensed Ohio attorney.

THIS INSTRUMENT PREPARED BY:

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Name

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Address

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Phone

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Ohio Supreme Court Registration Number (if attorney)

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