Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Tennessee

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF TENNESSEE
COUNTY OF _________________

The undersigned affiant, _________________________ ("Affiant"), being of lawful age and first duly sworn upon oath, deposes and states as follows, upon the Affiant's own personal knowledge:

ARTICLE I: IDENTIFICATION AND COMPETENCY OF AFFIANT

(1) I am the Affiant named above. I am over the age of eighteen (18) years, am under no legal disability, am competent to testify to the matters stated herein, and have personal knowledge of the facts set forth in this Affidavit.

(2) I make this Affidavit for the purpose of establishing of record the death of the Decedent named below and the vesting of title to the real property described herein in the surviving owner(s), and to clear title to said real property in the Register of Deeds' records of _________________ County, Tennessee.

My mailing address is: _____________________________________________

ARTICLE II: SWORN RECITALS

(a) Death of Decedent

_________________________ ("Decedent") died on the _____ day of _________________, 20_____, in _________________ County, State of _________________. A certified copy of the Decedent's death certificate is attached hereto as Exhibit "B" and incorporated herein by reference.

(b) Vesting of Title with Right of Survivorship

By that certain deed dated _________________, 20_____, executed by _________________________, as Grantor, title to the real property described herein was conveyed and vested in:

_____________________________________________
_____________________________________________

as ☐ joint tenants with an express right of survivorship ☐ tenants by the entirety (and not as tenants in common), said deed being recorded in the Register's Office of _________________ County, Tennessee, in Book/Instrument No. _______, Page _______, on _________________, 20_____.

(c) Legal Description and Parcel

The real property affected by this Affidavit (the "Property") is situated in _________________ County, Tennessee, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Map/Parcel ID: _____________________________________________

(d) Affiant Is the Surviving Owner

At the time of the Decedent's death, the Affiant and the Decedent were the owners of record of the Property as ☐ joint tenants with right of survivorship ☐ tenants by the entirety, as evidenced by the vesting deed described in paragraph (b) above. The Affiant is the surviving owner named in said deed and is the same person as the surviving owner therein named. There has been no severance of the survivorship estate prior to the Decedent's death.

(e) Vesting of Title in the Surviving Owner

By operation of the right of survivorship expressly created in the vesting deed described in paragraph (b) above (and pursuant to T.C.A. § 66-1-107, which preserves survivorship where it is expressly created, and/or T.C.A. § 66-1-109 governing tenancy by the entirety), upon the death of the Decedent all right, title, and interest of the Decedent in and to the Property vested automatically in the Affiant as the surviving owner, free of the Decedent's interest, without the necessity of probate administration as to the Property.

(f) Estate, Inheritance Tax, and Liens

(i) The Tennessee inheritance tax was repealed effective for decedents dying on or after January 1, 2016 (former T.C.A. Title 67, Chapter 8, Part 3). To the best of the Affiant's knowledge:

☐ The Decedent died on or after January 1, 2016, and no Tennessee inheritance tax is due or constitutes a lien against the Property.

☐ The Decedent died before January 1, 2016, and ☐ all Tennessee inheritance tax has been paid / ☐ a release has been obtained, a copy of which is attached.

(ii) No federal estate tax lien encumbers the Property, or, if applicable, all federal estate tax has been paid or provided for.

(iii) There are no unpaid debts, liens, judgments, or encumbrances against the Decedent that are or could become a lien against the Property, except as follows:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE III: STATUTORY BASIS AND REQUEST TO RECORD

Section 3.1 Statutory Basis

This Affidavit is made pursuant to:

• T.C.A. § 66-1-107 (survivorship in joint tenancy abolished except where expressly created)
• T.C.A. § 66-1-109 (estate by entireties created by direct conveyance)
• T.C.A. § 66-24-101 (instruments eligible for registration)
• T.C.A. § 66-26-101 et seq. (registration; constructive notice)

Section 3.2 Request to Record

The Affiant requests that the Register of Deeds of _________________ County, Tennessee, accept this Affidavit, together with the attached certified copy of the Decedent's death certificate, for registration in the land records, as evidence that the Decedent's interest in the Property has terminated and that title is vested in the surviving owner(s).

ARTICLE IV: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

The Affiant declares under oath that the foregoing statements are true and correct to the best of the Affiant's knowledge, information, and belief.

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT

STATE OF TENNESSEE
COUNTY OF _________________

Sworn to (or affirmed) and subscribed before me, _________________________, a Notary Public of the State and County aforesaid, on this _____ day of _________________, 20_____, by _________________________, the Affiant, who is personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument.

WITNESS my hand and seal at office, this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, Tennessee:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map/Parcel ID: _____________________________________________

Being the same property conveyed to the Affiant and the Decedent by deed recorded in Book/Instrument No. _______, Page _______, Register's Office of _________________ County, Tennessee.

EXHIBIT B - CERTIFIED DEATH CERTIFICATE

ATTACH A CERTIFIED COPY OF THE DECEDENT'S DEATH CERTIFICATE HERE.

A certified copy of the Decedent's death certificate, issued by the Tennessee Office of Vital Records (or the vital records authority of the state of death), must be attached to and recorded with this Affidavit. Photocopies are generally not accepted for recording.

TENNESSEE RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by County)

Important Tennessee Notes

1. Survivorship Must Be Express (T.C.A. § 66-1-107): Tennessee abolished common-law survivorship in joint tenancy. This Affidavit is effective to clear title ONLY if the vesting deed expressly created a joint tenancy with right of survivorship, or the co-owners held as tenants by the entirety (married couples — T.C.A. § 66-1-109). If neither applies, the Decedent's interest passed to the Decedent's estate and probate is required.

2. Tenancy by the Entirety: Upon the death of one spouse, the survivor continues to own the whole in fee simple; the laws of descent and distribution do not apply.

3. Certified Death Certificate: A certified copy must be recorded with this Affidavit to evidence the death of record.

4. No Transfer Tax: Passage of title by survivorship is generally not a taxable transfer; confirm with the local Register of Deeds.

5. Title Insurance: The surviving owner should consider a title update or new owner's policy.

6. Legal Counsel: Consultation with a licensed Tennessee attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Tennessee Bar Number (if attorney)

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