Affidavit of Surviving Joint Tenant - Rhode Island

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Rhode Island

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF RHODE ISLAND
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 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 _________________________________ [city/town, state]. A certified copy of the Decedent's death certificate, issued pursuant to R.I. Gen. Laws § 23-3-23, is attached hereto and incorporated herein by reference.

(b) Vesting in Joint Tenancy with Right of Survivorship. During the Decedent's lifetime, the Decedent and the Affiant held title to the real property described in Exhibit "A" as joint tenants with the right of survivorship (and not as tenants in common), the instrument of title having expressly declared a joint tenancy, or a conveyance to the persons "and the survivors or survivor of them," or otherwise manifestly evidencing an intention to create a joint tenancy, in accordance with R.I. Gen. Laws § 34-3-1. Said title was vested in the Decedent and the Affiant by:

☐ Deed dated _________________, 20_____, recorded in the Land Evidence Records of the City/Town of _________________, Rhode Island, in Book _______, Page _______;

☐ Other instrument: _____________________________________________

The vesting language in said instrument was substantially as follows:

"_____________________________________________________________________
_____________________________________________________________________"

(c) Legal Description and Plat/Lot. The real property affected by this Affidavit is situated in the City/Town of _________________, County of _________________, State of Rhode Island, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Assessor's Plat _______, Lot _______

(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant 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 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, 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.

☐ The Decedent and the Affiant were spouses married to each other, and the instrument expressly declared a joint tenancy / right of survivorship, the property vesting in the surviving spouse by operation of law.

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

☐ No Rhode Island estate tax (R.I. Gen. Laws § 44-22-1.1) 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 is made and recorded pursuant to and in accordance with:

• R.I. Gen. Laws § 34-3-1 (Conveyances to two or more persons presumed a tenancy in common unless a joint tenancy or right of survivorship is declared)
• R.I. Gen. Laws § 34-11-1 et seq. (Form and effect of conveyances of real estate)
• R.I. Gen. Laws § 34-13-1 et seq. (Recording of instruments in the land evidence records of the city or town)
• R.I. Gen. Laws § 23-3-23 (Certified copies of vital records)
• R.I. Gen. Laws § 44-22-1.1 (Rhode Island estate tax)

Under R.I. Gen. Laws § 34-3-1, a conveyance to two or more persons is presumed to create a tenancy in common unless the instrument declares a joint tenancy, conveys to the persons "and the survivors or survivor of them," or manifestly evidences an intent to create a joint tenancy. Where a joint tenancy with right of survivorship exists, the property passes to the surviving joint tenant on the death of a co-tenant. 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 Land Evidence Records of the City/Town of _________________, Rhode Island, to establish of record the death of the Decedent and the vesting of title in the Affiant as surviving joint tenant, and to provide constructive notice thereof.

VERIFICATION AND JURAT

I declare under the penalties of perjury that the foregoing statements are true and correct to the best of my knowledge and belief.

AFFIANT:

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name

Date: _____________________________________________

STATE OF RHODE ISLAND
COUNTY OF _________________

In _________________ [city/town], on this _____ day of _________________, 20_____, before me personally appeared _________________________________, to me known and known by me to be the party executing the foregoing Affidavit, who, being first duly sworn (or affirmed) by me, did depose and say that the facts stated therein are true and correct, and acknowledged the said Affidavit by him/her executed to be his/her free act and deed.

_____________________________________________
Notary Public, State of Rhode Island

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Assessor's Plat _______, Lot _______

City/Town of _________________, County of _________________, State of Rhode Island

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A certified copy of the death certificate of the Decedent, _________________________________, issued by the Rhode Island Department of Health, Division of Vital Records (or the vital records authority of the state of death) pursuant to R.I. Gen. Laws § 23-3-23, 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 Rhode Island attorney before using this form.