Affidavit of Surviving Joint Tenant - Virginia

AFFIDAVIT OF SURVIVING JOINT TENANT

Commonwealth of Virginia

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Reference:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

No consideration. This Affidavit confirms vesting by survivorship and is exempt from recordation tax under Va. Code § 58.1-811 (no conveyance/no consideration). Consideration or Value: $0.00

AFFIDAVIT OF SURVIVING JOINT TENANT

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________, to-wit:

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

ARTICLE I: IDENTIFICATION AND COMPETENCY OF AFFIANT

Section 1.1 Affiant

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.

Section 1.2 Purpose

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 surviving owner(s), and to clear title in the Clerk's Office of the Circuit Court of _________________, Virginia.

My mailing address is: _____________________________________________

ARTICLE II: SWORN RECITALS

Section 2.1 (a) Death of Decedent

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

Section 2.2 (b) Vesting of Title with Right of Survivorship

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

_____________________________________________
_____________________________________________

as ☐ joint tenants with the right of survivorship as at common law ☐ tenants by the entirety with the right of survivorship (and not as tenants in common), said deed being recorded in the Clerk's Office of the Circuit Court of _________________, Virginia, in Deed Book _______, Page _______, or as Instrument No. _____________, on _________________, 20_____.

Section 2.3 (c) Legal Description and Tax Map Reference

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

Property Address: _____________________________________________

Tax Map Reference: _____________________________________________

Section 2.4 (d) Affiant Is the Surviving Owner

At the time of the Decedent's death, the Affiant and the Decedent owned the Property of record as ☐ joint tenants with right of survivorship ☐ tenants by the entirety, as evidenced by the vesting deed described in Section 2.2. The Affiant is the surviving owner named in said deed and is the same person therein named. The survivorship estate had not been severed prior to the Decedent's death.

Section 2.5 (e) Vesting of Title in the Surviving Owner

By operation of the right of survivorship preserved under Va. Code § 55.1-134(B) (or § 55.1-136 for 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, without the necessity of probate administration as to the Property (Va. Code § 64.2-509).

Section 2.6 (f) Estate, Tax, and Lien Statement

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

(i) Virginia has no separate state estate or inheritance tax that constitutes a lien against the Property (the Virginia estate tax having been repealed for decedents dying on or after July 1, 2007).

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

(iii) Real estate 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 set forth below:
_____________________________________________
_____________________________________________

ARTICLE III: STATUTORY BASIS AND REQUEST TO RECORD

Section 3.1 Statutory Basis

This Affidavit is made pursuant to and in accordance with:

• Va. Code § 55.1-134 (survivorship between joint tenants abolished; exception where intent manifest)
• Va. Code § 55.1-136 (tenants by the entirety)
• Va. Code § 55.1-600 et seq. (recordation of instruments)
• Va. Code § 55.1-612 (acknowledgment required for recording)
• Va. Code § 64.2-509 (real estate passing by survivorship)

Section 3.2 Request to Record

The Affiant requests that the Clerk of the Circuit Court of _________________, Virginia, accept this Affidavit, together with the attached certified copy of the Decedent's death certificate, for recording 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.

_____________________________________________ (SEAL)
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _________________, to-wit:

Subscribed and sworn to before me this _____ day of _________________, 20_____, by _________________________, the Affiant.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

Notary Registration Number: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situated in the ☐ City ☐ County of _________________, Virginia, and more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Reference: _____________________________________________

Being the same property conveyed to the Affiant and the Decedent by deed recorded in Deed Book _______, Page _______, or as Instrument No. _____________, in the Clerk's Office of the Circuit Court of _________________, Virginia.

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 Virginia Department of Health — Office of Vital Records (or the vital records authority of the state of death), must be attached to and recorded with this Affidavit.

VIRGINIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Vary by Locality)

Transfer / Recordation Tax

Passage of title by right of survivorship is not a taxable conveyance for state recordation tax or grantor's tax purposes (no deed of conveyance; no consideration). Exemptions: Va. Code § 58.1-811. Confirm the local Clerk's requirements at recording.

Important Virginia Notes

1. Survivorship Must Be Express (Va. Code § 55.1-134): Virginia abolished common-law survivorship between joint tenants except where it "manifestly appears from the tenor of the instrument" that the survivor was intended to take. This Affidavit clears title only if the vesting deed expressly created survivorship (or a tenancy by the entirety under § 55.1-136).

2. Tenancy by the Entirety (§ 55.1-136): Available to spouses; provides survivorship and creditor protection. On the death of one spouse, the survivor owns the whole.

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

4. City/County of Record: Virginia is recorded in the Clerk's Office of the Circuit Court for the city or county where the land lies (independent cities record separately from counties).

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

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

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Virginia State Bar Number (if attorney)

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