Affidavit of Surviving Joint Tenant - Rhode Island

Rhode Island Real Estate Updated October 4, 2026 Free Word and PDF

AFFIDAVIT OF SURVIVING JOINT TENANT

Use this form only after reviewing the recorded vesting instrument. R.I. Gen. Laws § 34-3-1 presumes a tenancy in common even for spouses unless the instrument declares a joint tenancy, names the survivors or survivor, or otherwise manifestly shows joint tenancy. Confirm the number of joint tenants and any later transfer or change in title. This affidavit records facts relevant to title; it does not itself convey land. Obtain advice about probate, liens, and estate tax separately.

Recording municipality: [CITY OR TOWN], Rhode Island

After recording return to: [NAME AND MAILING ADDRESS]

Property street address, if assigned: [ADDRESS]

Assessor's plat and lot, if assigned: [PLAT / LOT]

State of [STATE]
County of [COUNTY]

I, [AFFIANT FULL LEGAL NAME], of [AFFIANT ADDRESS], being duly sworn, state from personal knowledge:

  1. Vesting instrument. [DECEDENT FULL LEGAL NAME] and I are the two persons named as joint tenants in [TYPE OF INSTRUMENT], dated [DATE], recorded in the land evidence records of [CITY OR TOWN], Rhode Island, at [BOOK AND PAGE OR INSTRUMENT NUMBER]. The words creating joint tenancy or survivorship in that instrument are: “[QUOTE THE EXACT VESTING WORDS].” A copy of the recorded instrument is [attached as Exhibit B / identified by the recording reference above].

  2. Property. That instrument concerns the land in [CITY OR TOWN], Rhode Island, described in Exhibit A. Exhibit A reproduces the legal description from the recorded vesting instrument, including any referenced recorded plan.

  3. Death and identity. [DECEDENT FULL LEGAL NAME], the joint tenant named in paragraph 1, died on [DATE OF DEATH]. I am the other joint tenant named there and survived [him / her / them]. I examined [ISSUING JURISDICTION]'s certified death certificate on [DATE]. A copy is [attached as Exhibit C / not attached]. Any attached certificate should be reviewed for information inappropriate for public recording.

  4. Intervening changes. To the best of my personal knowledge, before the death stated above neither joint tenant conveyed or otherwise changed the joint tenancy interest described in paragraph 1. [IF A TRANSFER OR OTHER TITLE CHANGE IS KNOWN, DESCRIBE IT HERE AND HAVE COUNSEL REASSESS THIS FORM; DO NOT SIGN AN INACCURATE STATEMENT.]

I make this affidavit to place these facts of record under R.I. Gen. Laws § 34-13-1(11). I request recording in the land evidence records of the city or town where the property lies.

Signed on [DATE].

Signature of affiant: ______________________________________

Printed name: [AFFIANT FULL LEGAL NAME]

Jurat

State of [STATE]
County of [COUNTY]

Subscribed and sworn to (or affirmed) before me on [DATE] by [AFFIANT FULL LEGAL NAME].

Signature of notary or other authorized officer: ______________________________________

Printed name: [________________________________]

Commission expiration, if applicable: [DATE]

Exhibit A — Legal description

[INSERT THE COMPLETE LEGAL DESCRIPTION FROM THE RECORDED VESTING INSTRUMENT]

Exhibit B — Vesting instrument, if attached

[ATTACH THE IDENTIFIED RECORDED INSTRUMENT ONLY IF SELECTED ABOVE]

Exhibit C — Death certificate, if attached

[ATTACH A CERTIFIED COPY ONLY IF SELECTED ABOVE AND APPROPRIATE FOR PUBLIC RECORDING]

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About this template

Last updated
October 4, 2026
Citations checked
October 4, 2026
Jurisdiction
Rhode Island
Category
Real Estate

Legal authority

  • R.I. Gen. Laws § 34-3-1 (tenancy in common presumption and express survivorship)
  • R.I. Gen. Laws § 34-13-1(11) (recording affidavits about family facts relating to land title)
  • R.I. Gen. Laws § 34-11-1 (municipal land evidence records)

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 4, 2026.

R.I. Gen. Laws § 34-3-1 (checked October 4, 2026): "shall be deemed to create a tenancy in common and not a joint tenancy, unless it be declared that the tenancy is to be joint, or that the conveyance is to those persons and the survivors or survivor of them"

R.I. Gen. Laws § 34-13-1(11) (checked October 4, 2026): "All affidavits as to family facts, including dates of birth, marriage, and death, which relate or purport to relate to title to land."

R.I. Gen. Laws § 34-11-1 (checked October 4, 2026): "recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated"

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