Affidavit of Surviving Joint Tenant

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

IMPORTANT LEGAL NOTICE
This Affidavit is used to establish of record that a co-owner of real property has died and that title has vested in the surviving owner under a valid right-of-survivorship agreement. In Texas, survivorship in real property exists ONLY where a signed written agreement creates it — a joint tenancy with right of survivorship under Texas Estates Code § 111.001 (non-spouses), or community property with right of survivorship under Texas Estates Code Chapter 112 (spouses). Survivorship is NOT inferred from the mere fact that property is held jointly (Est. Code §§ 101.002, 111.001(b)). Texas has no single statutory "affidavit of surviving joint tenant" form; title companies generally accept a recorded affidavit of facts/affidavit of death together with a certified death certificate. Consult a qualified Texas real estate attorney.

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Texas

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
State Bar No.: ________________________________

AFFIDAVIT INFORMATION

AFFIDAVIT

STATE OF TEXAS          §
                        §
COUNTY OF _____________ §

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 establish of record the death of the Decedent and the vesting of title to the Property described below in the surviving owner, and to clear title in the Real Property Records of [COUNTY] County, Texas.

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]. A certified copy of the Decedent's death certificate is attached as Exhibit B and incorporated herein for all purposes.

(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 tenants with right of survivorship under a signed written agreement pursuant to Tex. Est. Code § 111.001 (non-spouse joint owners).

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

The written survivorship agreement uses language sufficient to create the right of survivorship, including a phrase such as "with right of survivorship," "will become the property of the survivor," "will vest in and belong to the surviving spouse," or "shall pass to the surviving spouse."

(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

Upon the death of the Decedent, by operation of the right of survivorship created in the written agreement described above, all right, title, and interest of the Decedent in and to the Property vested automatically in the Affiant as the surviving owner, without the necessity of probate, notice, or other action (Tex. Est. Code § 112.053; § 111.001). The Affiant is now the sole owner of the Property.

(f) Estate, Tax, and Lien Statement

To the best of the Affiant's knowledge and belief:

(i) Texas imposes no state inheritance or estate tax on the Property, and no such tax constitutes a lien against the Property.

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

(iii) Ad valorem property taxes on the Property are ☐ current / ☐ as follows: ________________________________________

(iv) There are no unpaid debts, liens, judgments, or claims against the Decedent that are or could become a lien against the Property, except:

☐ None

☐ As follows: ________________________________________

III. STATUTORY BASIS AND REQUEST TO RECORD

This Affidavit is made pursuant to Tex. Est. Code §§ 111.001, 112.051–112.053, and Tex. Prop. Code § 12.001. The Affiant requests that the County Clerk of [COUNTY] County, Texas, accept this Affidavit and the attached certified death certificate for recording in the Real Property Records as evidence that the Decedent's interest has terminated and that title is vested in the surviving owner.

IV. VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NOT.

________________________________________
[AFFIANT FULL LEGAL NAME], Affiant
(Surviving Joint Tenant / Surviving Spouse)

SWORN TO AND SUBSCRIBED before me by [AFFIANT FULL LEGAL NAME] on
this _____ day of _____________, 20_____, to certify which witness my
hand and official seal.

________________________________________
Notary Public, State of Texas
My Commission Expires: _________________

[NOTARY SEAL]

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

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

A certified copy of the Decedent's death certificate (issued by the Texas Department of State Health Services — Vital Statistics, or the vital records authority of the state of death) must be attached to and recorded with this Affidavit.

TEXAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: County Clerk, [COUNTY] County, Texas (county where the Property is located)
• Recording Fee: Varies by county (typically $26 for first page + $4 per additional page)
• Transfer Tax: Texas imposes NO real estate transfer tax; vesting by survivorship is not a taxable transfer

Document Requirements

☐ Sworn jurat before a Texas notary public (this is an affidavit, not a deed)
☐ Certified copy of Decedent's death certificate attached
☐ Confidentiality notice included (for natural persons)
☐ Minimum 8-point font; 1-inch margins (preferred)
☐ Legal description matching the vesting instrument

Important Texas Notes

1. Signed Written Survivorship Agreement Required: Survivorship in Texas real property must be created by a signed written agreement — JTWROS under Est. Code § 111.001 (non-spouses) or community property with right of survivorship under Chapter 112 (spouses). It is never inferred from joint ownership alone.

2. No Statutory Form: Texas has no single statutory "affidavit of surviving joint tenant" form; title companies generally accept a recorded affidavit of death/affidavit of facts with a certified death certificate.

3. Probate Alternative: If no qualifying survivorship agreement exists, the Decedent's interest passed to the estate; probate or an Affidavit of Heirship is required instead.

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