Affidavit of Surviving Joint Tenant - Oregon

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Oregon

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Until a Change is Requested, All Tax Statements Shall Be Sent to:
_____________________________________________
_____________________________________________

3.5" x 2.5" SPACE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF OREGON
COUNTY OF _________________

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned Affiant, being first duly sworn, deposes and states under oath as follows:

Affiant Identification and Competency

I, _________________________________ (the "Affiant"), residing at _________________________________________, am of legal age, competent to make this Affidavit, and have personal knowledge of the facts stated herein. I make this Affidavit as evidence of the death and survivorship facts stated below. Oregon counsel or a title professional must confirm that the county recorder will accept this affidavit and the selected supporting document; ORS chapter 93 does not itself create a specific affidavit-of-death procedure for a surviving joint tenant.

SWORN RECITALS

(a) Death of Decedent. _________________________________ (the "Decedent") died on the _____ day of _________________, 20_____, at _________________________________ [city, county, state]. A certified copy of the Decedent's death certificate, issued pursuant to ORS 432.500 et seq., is attached hereto and incorporated herein by reference.

(b) Vesting Instrument with Express Right of Survivorship. During the Decedent's lifetime, the Decedent and the Affiant held record title to the real property described in Exhibit "A" under an instrument that clearly and expressly declared a right of survivorship. Under ORS 93.180(2), that declaration creates a tenancy in common in the life estate with cross-contingent remainders in fee simple; it does not recreate a common-law joint tenancy. Said title was vested by:

☐ Deed dated _________________, 20_, recorded on _________________, 20___, in the Records of _________________ County, Oregon, as Document/Instrument No. _________________ (Book _______, Page _______);

☐ Other instrument: _____________________________________________

The vesting language in said instrument was substantially as follows:

"_____________________________________________________________________
_____________________________________________________________________"

(c) Legal Description and Tax Account. The real property affected by this Affidavit is situated in _________________ County, State of Oregon, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Account/Map Number: _____________________________________________

(d) Affiant is the Surviving Co-Owner. The Affiant is the surviving co-owner named in the instrument described in Recital (b) and was living when the Decedent died. The Affiant and the Decedent are the persons named as grantees or owners in that instrument.

(e) Survivorship Facts; No Title Adjudication. The Affiant states that the Decedent died before the Affiant and that the vesting instrument contains the express survivorship declaration quoted above. ORS 93.180(2) characterizes the interests created by that declaration as life estates held in common with cross-contingent remainders in fee simple. This affidavit does not adjudicate title, eliminate a lien or claim, determine estate-tax consequences, or establish that no estate, heir, devisee, spouse, or creditor can assert a transaction-specific right.

☐ The Decedent and the Affiant were spouses married to each other, and the vesting instrument created a tenancy by the entirety under ORS 93.180(1)(b) unless it clearly and expressly declared otherwise.

(f) Estate Tax and Liens. To the best of the Affiant's knowledge and belief:

☐ No Oregon estate tax (ORS 118.010 et seq.) or federal estate tax is due, or any such tax due has been or will be paid, and the real property described in Exhibit "A" is not subject to any unsatisfied estate tax lien arising from the Decedent's death.

☐ The following estate tax matters apply: _____________________________________________

There are no unpaid liens, claims, or encumbrances against the real property arising by reason of the Decedent's death that are known to the Affiant, except as follows:

☐ None

☐ As set forth below: _____________________________________________

STATUTORY BASIS

This Affidavit relies on the following current Oregon authorities for the underlying tenancy and general recording framework:

• ORS 93.180 (tenancy in common by default; tenancy by the entirety for married spouses unless expressly displaced; an express survivorship declaration creates life estates in common with cross-contingent remainders)
• ORS 93.190 (joint tenancy for trustees or personal representatives)
• ORS 93.600 et seq. (Recordation and its effects)
• ORS 432.500 et seq. (Certified copies of vital records)
• ORS 118.010 et seq. (Oregon estate tax)

Under ORS 93.180, a conveyance or devise to two or more persons creates a tenancy in common unless it clearly and expressly declares a right of survivorship, and a conveyance or devise to married spouses creates a tenancy by the entirety unless it clearly and expressly declares otherwise. An express survivorship declaration creates life estates in common with cross-contingent remainders in fee simple. Ordinary joint tenancy in real property is abolished except for trustees or personal representatives under ORS 93.190. ORS chapter 93 does not separately state that this affidavit or an attached death certificate is the statutory instrument that clears title. Confirm the county and title-company procedure before recording.

REQUEST TO RECORD

If accepted by the recording office after title review, the Affiant requests that this Affidavit and the permitted supporting evidence be recorded in the official records of _________________ County, Oregon as evidence of the Decedent's death and the survivorship facts stated above. Do not assume that recording this affidavit alone establishes marketable title or that the county will record a death certificate as an attachment.

VERIFICATION AND JURAT

I declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct to the best of my knowledge and belief.

AFFIANT:

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name

Date: _____________________________________________

STATE OF OREGON
COUNTY OF _________________

Sworn to (or affirmed) and subscribed before me on this _____ day of _________________, 20_____, by _________________________________ (name of Affiant), proved to me on the basis of satisfactory evidence to be the person who appeared before me.

_____________________________________________
Notary Public - State of Oregon

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Account/Map Number: _____________________________________________

Property Address: _____________________________________________

County of _________________, State of Oregon

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _________________________________, issued by the Oregon Center for Health Statistics (or the vital records authority of the state of death) pursuant to ORS 432.500 et seq., is attached hereto and recorded as part of this Affidavit as evidence of the Decedent's death.

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