Affidavit of Surviving Joint Tenant - Texas

IMPORTANT LEGAL NOTICE
This Affidavit is intended to place facts concerning a co-owner's death and a written survivorship agreement in the real-property records. In Texas, survivorship in jointly held property requires a written agreement under Texas Estates Code § 111.001, and community-property survivorship requires an agreement satisfying Chapter 112. Survivorship is not inferred from joint ownership alone. Recording this affidavit does not adjudicate ownership, eliminate creditor rights, or establish that taxes and liens are cleared. Confirm the title company's and county clerk's requirements before use.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Texas

RECORDING INFORMATION

AFFIDAVIT INFORMATION

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared [AFFIANT FULL LEGAL NAME] ("Affiant"), who, being by me duly sworn, on oath deposed and stated as follows, upon the Affiant's own personal knowledge:

I. IDENTIFICATION AND COMPETENCY OF AFFIANT

1. My name is [AFFIANT FULL LEGAL NAME]. I am over the age of eighteen (18) years, am of sound mind, am fully competent to make this Affidavit, am under no legal disability, and have personal knowledge of the facts stated herein, all of which are true and correct.

2. I make this Affidavit to place of record facts concerning the Decedent's death and the written survivorship agreement affecting the Property described below.

My mailing address is: ________________________________________

II. SWORN RECITALS

(a) Death of Decedent

[DECEDENT FULL LEGAL NAME] ("Decedent") died on [DATE OF DEATH], in [CITY, COUNTY], State of [STATE]. [If a death record is attached: The certified death record attached as Exhibit B is incorporated herein.]

(b) Vesting of Title with Right of Survivorship

Title to the Property was vested in the Decedent and the Affiant by that certain [DEED / SURVIVORSHIP AGREEMENT] dated [DATE], recorded in Volume _____, Page _____ / Instrument No. _____________, Official Public Records / Real Property Records of [COUNTY] County, Texas, under a written agreement creating a right of survivorship as follows (check one):

☐ Joint owners with right of survivorship under a written agreement pursuant to Tex. Est. Code § 111.001 (property other than spouses' community property).

☐ Community property with right of survivorship under a written agreement signed by both spouses pursuant to Tex. Est. Code §§ 112.051–112.052 (spouses).

Operative survivorship language in the joint-owner agreement, if applicable: [________________________________]

For a community-property agreement, Tex. Est. Code § 112.052(b) identifies phrases such as "with right of survivorship," "will become the property of the survivor," "will vest in and belong to the surviving spouse," and "shall pass to the surviving spouse." Subsection (c) also states that an agreement otherwise satisfying Chapter 112 may be effective without those exact phrases.

(c) Legal Description and Property

The real property affected by this Affidavit (the "Property") is situated in [COUNTY] County, Texas, and is more particularly described in Exhibit A attached hereto and incorporated herein for all purposes.

Property Address: ________________________________________

Tax Account / Parcel No.: ________________________________________

(d) Affiant Is the Surviving Owner

At the time of the Decedent's death, the Affiant and the Decedent owned the Property together under the survivorship agreement described in paragraph (b) above. The Affiant is the surviving owner named therein and is the same person as the surviving owner named in the vesting instrument. The survivorship agreement was in full force and effect, had not been revoked, and had not been severed prior to the Decedent's death.

(e) Vesting of Title in the Surviving Owner

The Affiant claims the Decedent's interest passed to the Affiant under the written survivorship agreement described above. For community property, an agreement satisfying Chapter 112 is effective and enforceable without an adjudication under Tex. Est. Code § 112.053. This statement does not adjudicate competing title claims or determine the treatment of creditor claims. For community property, Tex. Est. Code § 112.252 preserves specified liabilities.

(f) Matters Not Established by This Affidavit

This Affidavit does not certify payment or release of estate taxes, ad valorem taxes, debts, liens, judgments, or creditor claims. Those matters require separate title, tax, probate, and lien review. For community property, Tex. Est. Code § 112.252 preserves specified liabilities despite a right of survivorship.

III. STATUTORY BASIS AND REQUEST TO RECORD

This Affidavit concerns the written survivorship arrangement described in Tex. Est. Code §§ 111.001 and 112.051–112.053. The Affiant requests recording in the Real Property Records of [COUNTY] County, Texas as a statement of the facts recited here. Acceptance for recording does not determine the instrument's legal effect or clear title, taxes, liens, or creditor claims.

IV. VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

SWORN TO AND SUBSCRIBED before me by [AFFIANT FULL LEGAL NAME] on this _____ day of _____________, 20_____.

EXHIBIT A – LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Texas [ZIP]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING DEED, TITLE COMMITMENT, OR SURVEY]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Texas, according to the map or plat thereof recorded in Volume ___, Page ___, Plat Records of [COUNTY] County, Texas.
• [METES AND BOUNDS DESCRIPTION]

Being the same property vested in the Decedent and the Affiant by instrument recorded in Volume _____, Page _____ / Instrument No. _____________, [COUNTY] County, Texas.

County: [COUNTY], Texas

EXHIBIT B – CERTIFIED DEATH CERTIFICATE

If required by the county clerk, title company, or transaction, attach the accepted form of death record here. Confirm whether the death record should be attached, recorded separately, or submitted by another procedure before including sensitive vital-record information in the public record.

TEXAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Clerk, [COUNTY] County, Texas (county where the Property is located)
• Recording Fee: Confirm the current fee and payment method with the county clerk.

Document Requirements

☐ Sworn jurat before a Texas notary public (this is an affidavit, not a deed)
☐ Death-record handling confirmed with the county clerk and title company
☐ If filing a paper document, original signature and jurat confirmed under Tex. Prop. Code § 12.0011
☐ Legal description matching the vesting instrument

Important Texas Notes

1. Written Survivorship Agreement Required: Est. Code § 111.001 permits a written agreement between joint owners for property other than spouses' community property; § 111.002 directs community-property agreements to Chapter 112. Sections 112.051–112.052 require a written agreement signed by both spouses for community property. Survivorship is not inferred from joint ownership alone.

2. Local and Title Requirements: Confirm the document form, supporting death record, indexing, and recording requirements with the county clerk and the title company handling the property.

3. No Qualifying Agreement: If no qualifying survivorship agreement exists, do not use this affidavit to claim survivorship. Obtain Texas probate and title advice about the appropriate procedure.

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

5. Legal Counsel: Consult a licensed Texas real estate attorney before recording.

END OF AFFIDAVIT OF SURVIVING JOINT TENANT

Texas Estates Code, Title 2, Chapters 111–112; Texas Property Code, Title 3, Chapter 12