Affidavit of Surviving Joint Tenant - Pennsylvania

AFFIDAVIT OF SURVIVING JOINT TENANT

Commonwealth of Pennsylvania

Prepared By and Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Uniform Parcel Identifier (UPI):
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _________________

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned Affiant, being duly sworn according to law, deposes and says:

Affiant Identification and Competency

I, _________________________________ (the "Affiant"), of _________________________________________ [address], am of full age, competent to make this Affidavit, and have personal knowledge of the facts set forth herein. I make this Affidavit to establish of record the death of the Decedent named below and the vesting of title to the real property described herein in the Affiant as surviving joint tenant by right of survivorship.

SWORN RECITALS

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

(b) Vesting in Joint Tenancy / Tenancy by the Entireties with Right of Survivorship. During the Decedent's lifetime, the Decedent and the Affiant held title to the real property described in Exhibit "A" with the right of survivorship, as:

☐ Joint tenants with right of survivorship, and not as tenants in common;

☐ Tenants by the entireties (the Decedent and the Affiant being married to each other at the time the estate was created and at the time of death);

as created by the following instrument:

☐ Deed dated _________________, 20_____, recorded in the Office of the Recorder of Deeds of _________________ County, Pennsylvania, in Deed Book/Instrument No. _________________, Page _______;

☐ Other instrument: _____________________________________________

The vesting language in said instrument was substantially as follows:

"_____________________________________________________________________
_____________________________________________________________________"

(c) Legal Description and Parcel Identifier. The real property affected by this Affidavit is situate in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, and Commonwealth of Pennsylvania, and is more particularly described in Exhibit "A" attached hereto and made a part hereof.

Being known as: _____________________________________________

Uniform Parcel Identifier (UPI): _____________________________________________

(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant (or surviving tenant by the entireties) named in the instrument described in Recital (b), and survived the Decedent. The Affiant and the Decedent are the identical persons named as grantees/owners in said instrument.

(e) Vesting of Title in Survivor by Operation of Law. By reason of the Decedent's death and the right of survivorship incident to the joint tenancy (or tenancy by the entireties) described in Recital (b), the entire right, title, and interest of the Decedent in and to the real property described in Exhibit "A" vested in the Affiant, as the surviving joint tenant (or surviving tenant by the entireties), by operation of law, free of any interest of the Decedent's estate, heirs, or devisees. Such survivorship property passes outside the Decedent's probate estate.

(f) Pennsylvania Inheritance Tax and Liens. The Affiant acknowledges that, under the Pennsylvania Inheritance and Estate Tax Act (72 P.S. § 9101 et seq.), Pennsylvania inheritance tax may be imposed upon the transfer of the Decedent's interest in survivorship property, notwithstanding that title passed by right of survivorship and outside probate, and that the inheritance tax constitutes a statutory lien against the real property until paid or released (72 P.S. § 9175). To the best of the Affiant's knowledge and belief:

☐ The Decedent and the Affiant were spouses married to each other, and the transfer to the surviving spouse is exempt from Pennsylvania inheritance tax.

☐ A Pennsylvania Inheritance Tax Return (REV-1500) has been or will be filed, and any inheritance tax due upon the survivorship transfer has been or will be paid.

☐ Other: _____________________________________________

There are no other 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 is made and recorded pursuant to and in accordance with:

• 20 Pa.C.S. § 6111 et seq. and Title 20 (Decedents, Estates and Fiduciaries), recognizing survivorship incident to joint tenancy and tenancy by the entireties
• 21 P.S. § 351 et seq. (Recording of deeds and instruments affecting title to real property)
• 21 P.S. § 351.1 (Certification of preparation)
• 72 P.S. § 9101 et seq. (Inheritance and Estate Tax Act; inheritance tax on survivorship transfers; lien and release under § 9175)

Under Pennsylvania law, property held by two or more persons as joint tenants with right of survivorship, or by spouses as tenants by the entireties, passes automatically to the surviving owner(s) upon the death of a co-owner, outside the probate estate. This Affidavit confirms of record that survivorship vesting.

REQUEST TO RECORD

The Affiant requests that this Affidavit, together with the attached certified copy of the Decedent's death certificate, be recorded in the Office of the Recorder of Deeds of _________________ County, Pennsylvania, to establish of record the death of the Decedent and the vesting of title in the Affiant as surviving joint tenant (or surviving tenant by the entireties), and to provide constructive notice thereof.

VERIFICATION AND JURAT

I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

AFFIANT:

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name

Date: _____________________________________________

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF _________________

On this the _____ day of _________________, 20_____, before me, the undersigned officer, personally appeared _________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Affidavit, who, being by me first duly sworn (or affirmed), did depose and say that the facts set forth therein are true and correct, and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

CERTIFICATION OF PREPARATION (21 P.S. § 351.1)

I hereby certify that this Affidavit was prepared by:

☐ _________________________, Esquire (PA Attorney Registration No. _______________), by me or under my supervision.

☐ One of the parties named in this instrument.

_____________________________________________
Signature

_____________________________________________
Printed Name

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

ALL THAT CERTAIN lot or piece of ground SITUATE in the ☐ Township ☐ Borough ☐ City of _________________, County of _________________, and Commonwealth of Pennsylvania:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Uniform Parcel Identifier (UPI): _____________________________________________

Being the same premises vested in the Decedent and the Affiant by the instrument described in Recital (b) above.

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _________________________________, issued by the Pennsylvania Department of Health, Division of Vital Records (or the vital records authority of the state of death), 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 Pennsylvania attorney before using this form.