Affidavit of Surviving Joint Tenant - Vermont
AFFIDAVIT OF SURVIVING JOINT TENANT — VERMONT
Before you use this: Compare the vesting deed with 27 V.S.A. § 2 and confirm that it created a joint tenancy with survivorship, that the deceased person held an interest at death, and that the tenancy was not severed. Identify every surviving joint tenant; if more than one survives, § 2(b)(2)(B) allocates the deceased tenant's interest among them in proportion to their prior interests unless the creating instrument states a contrary intent. Ask the town clerk what supporting records it will accept for filing.
Property town and county: [TOWN], [COUNTY] County, Vermont
Affiant: [FULL LEGAL NAME AND MAILING ADDRESS]
Deceased joint tenant: [FULL LEGAL NAME]
Other surviving joint tenant(s), if any: [NAMES AND ADDRESSES / NONE]
Sworn statements
I, [AFFIANT NAME], being duly sworn or affirmed, state from my personal knowledge and the identified records:
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I am a surviving joint tenant named in the vesting deed described below. My mailing address is [FULL ADDRESS].
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[DECEDENT NAME] died on [__/__/____] in [PLACE OF DEATH]. A copy of the death certificate or other reliable death record is attached as Exhibit B, if available.
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The vesting deed dated [__/__/____], from [GRANTOR NAME] to [GRANTEE NAMES], was recorded in Book [____], Page [____] / Instrument [____] of the [TOWN] Land Records on [__/__/____]. The deed describes the property identified in Exhibit A and expresses that the grantees take it [QUOTE THE JOINT TENANCY OR SURVIVORSHIP WORDING EXACTLY].
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At the time of the decedent's death, the record joint tenants and their interests were: [LIST EACH TENANT AND INTEREST]. To my knowledge, no later deed, agreement, court order, or other event had severed the decedent's joint tenancy interest before death. The title records reviewed were [LIST RELEVANT RECORDS AND SEARCH DATE].
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The surviving joint tenant(s) are [LIST FULL NAMES]. Under the vesting instrument and 27 V.S.A. § 2(b)(2)(B), the deceased tenant's interest is allocated as follows: [DESCRIBE EACH SURVIVOR'S SHARE AND ANY CONTRARY INTENT IN THE INSTRUMENT].
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This affidavit is offered to document the death and the foregoing title facts. It does not itself convey any interest or certify the absence of taxes, liens, or other title defects.
I declare that these statements are true and correct to the best of my knowledge and belief.
Affiant signature: ________________________________________
Printed name: [________________________________________]
Date signed: [__/__/____]
Verification on oath or affirmation
State of Vermont, County of [________________]
Signed and sworn to or affirmed before me on [__/__/____] by [AFFIANT NAME].
Notary signature: ________________________________________
Notary printed name and title: [________________________________________]
Notary stamp or printed name and commission number: [AFFIX STAMP / PRINT NAME AND COMMISSION NUMBER]
Commission expiration: [__/__/____]
Exhibit A — Property description
[INSERT COMPLETE LEGAL DESCRIPTION FROM THE VESTING DEED]
[____________________________________________________________]
[____________________________________________________________]
Property address and SPAN, if known: [________________________________________]
Exhibit B — Death record
[ATTACH COPY OF DEATH CERTIFICATE OR IDENTIFY OTHER DEATH RECORD, IF AVAILABLE]
Sources and References
- Vermont joint tenancy and survivorship, 27 V.S.A. § 2: https://legislature.vermont.gov/statutes/section/27/001/00002
- Vermont verification on oath or affirmation, 26 V.S.A. §§ 5367–5368: https://legislature.vermont.gov/statutes/section/26/103/05368
About this template
- Last updated
- October 2, 2026
- Citations checked
- October 2, 2026
- Jurisdiction
- Vermont
- Category
- Real Estate
Legal authority
- 27 V.S.A. § 2(a), (b)(2)(B) (creation and survivorship of joint tenancy)
- 26 V.S.A. § 5367(a)-(b) (notarial certificate requirements)
- 26 V.S.A. § 5368(3) (verification on oath or affirmation)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 2, 2026.
27 V.S.A. § 2(a) (creation of joint tenancy) (checked October 2, 2026): "Conveyances and devises of lands, whether for years, for life or in fee, made to two or more persons, shall be construed to create estates in common and not in joint tenancy, unless it is expressed therein that the grantees or devisees shall take the lands jointly or as joint tenants or in joint tenancy or to them and the survivors of them."
27 V.S.A. § 2(b)(2)(B) (surviving joint tenants) (checked October 2, 2026): "Upon the death of a joint tenant, the deceased joint tenant’s interest shall be allocated among the surviving joint tenants, as joint tenants, in proportion to their respective joint interests at the time of the deceased joint tenant’s death."
26 V.S.A. § 5367(a)-(b) (notarial certificate requirements) (checked October 2, 2026): "A notarial act shall be evidenced by a certificate. The certificate shall:"
26 V.S.A. § 5368(3) (verification on oath or affirmation) (checked October 2, 2026): "Signed and sworn to (or affirmed) before me on ______ by _________________________________________"
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