Affidavit of Surviving Joint Tenant - Vermont

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Vermont

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF VERMONT
COUNTY OF _________________

At _________________ [town/city], in said County, the undersigned affiant, _________________________ ("Affiant"), being of lawful age and 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 land records of the Town/City of _________________, Vermont.

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_____, executed by _________________________, as Grantor, title to the real property described herein was conveyed to and vested in:

_____________________________________________
_____________________________________________

as ☐ joint tenants (with right of survivorship / to them and the survivors of them) ☐ tenants by the entirety (and not as tenants in common), said deed being recorded in the Land Records of the Town/City of _________________, Vermont, in Book _______, Page _______, on _________________, 20_____.

Section 2.3 (c) Legal Description and Parcel

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

Property Address: _____________________________________________

Parcel ID/SPAN: _____________________________________________

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 (27 V.S.A. § 2(b)(2)(B) for joint tenancy; common-law survivorship 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.

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

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

(i) No Vermont estate tax remains unpaid that constitutes a lien against the Property, or, if applicable, all Vermont estate tax has been paid or a release obtained.

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

(iii) 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 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:

• 27 V.S.A. § 2 (estate in common preferred to joint tenancy; survivorship of joint tenants)
• 27 V.S.A. Chapter 5 (Conveyance of Real Estate)
• 27 V.S.A. § 341(a) (acknowledgment requirements)
• 27 V.S.A. § 461 et seq. (recording in the town land records)

Section 3.2 Request to Record

The Affiant requests that the Clerk of the Town/City of _________________, Vermont, accept this Affidavit, together with the attached certified copy of the Decedent's death certificate, for recording in the municipal 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 VERMONT
COUNTY OF _________________

At _________________ [town/city], in said County, this _____ day of _________________, 20_____, _________________________, the Affiant, personally appeared and, being duly sworn, signed and swore to the foregoing Affidavit as his/her/their free act and deed and as true to the best of his/her/their knowledge and belief.

Before me,

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Town/City of _________________, County of _________________, State of Vermont

Being the same premises conveyed to the Affiant and the Decedent by deed recorded in Book _______, Page _______ of the Land Records of the Town/City of _________________, Vermont.

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 Vermont Department of Health (or the vital records authority of the state of death), must be attached to and recorded with this Affidavit.

VERMONT RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

IMPORTANT: Unlike most states, Vermont does NOT have a county recording system. All land records are maintained at the town or city level. Record this Affidavit at the town or city clerk's office where the Property is located.

Recording Fees (32 V.S.A. § 1671)

Property Transfer Tax

A passage of title to a surviving joint tenant or surviving spouse by right of survivorship is generally not a taxable transfer for Vermont Property Transfer Tax purposes (no consideration; no conveyance by deed). Confirm whether a Property Transfer Tax Return (Form PTT-172) is required by the town clerk for this filing.

Important Vermont Notes

1. Survivorship Must Be Created (27 V.S.A. § 2): A conveyance to two or more persons is presumed a tenancy in common unless the deed expresses joint tenancy or survivorship — except conveyances to spouses, which create a tenancy by the entirety. Confirm the vesting deed created a survivorship estate before relying on this Affidavit.

2. Town/City Recording: Vermont records at the municipal level, not the county level.

3. Certified Death Certificate: A certified copy must be recorded with this Affidavit to evidence the death of record (consistent with Vermont title practice).

4. Tenancy by the Entirety: The common-law incident of survivorship prevails; on the death of one spouse the survivor owns the whole.

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

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

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

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