Affidavit of Surviving Joint Tenant
AFFIDAVIT OF SURVIVING JOINT TENANT
Washington Recording Information
When Recorded Return To:
[____________________________________________________________]
[____________________________________________________________]
Document Title: Affidavit of Surviving Joint Tenant
Grantor(s) for Recording Index:
[____________________________________________________________]
Grantee(s) for Recording Index:
[____________________________________________________________]
Reference Number(s) of Related Recorded Document(s):
[____________________________________________________________]
Abbreviated Legal Description:
[____________________________________________________________]
☐ Full legal description appears in Exhibit A.
Assessor's Property Tax Parcel or Account Number:
[____________________________________________________________]
Pre-Signing Title and Applicability Review
Complete this review from the current title report and the recorded documents.
Do not rely only on names appearing on a tax statement.
Claimed Survivorship Source
Select one:
☐ Joint tenancy. A written instrument expressly declares that the interest
created is a joint tenancy with right of survivorship under RCW 64.28.010.
☐ Community-property agreement. A written agreement executed by both
spouses or both state-registered domestic partners provides for the status or
disposition of the identified community property at death under RCW 26.16.120.
Creating instrument title: [_____________________________________________]
Execution date: [__/__/____]
Recording date and number: [_____________________________________________]
Required Counsel or Title Checks
| Issue | Review result |
|---|---|
| Creating instrument covers the Property and parties named below | ☐ Confirmed ☐ Unclear |
| Joint tenancy was not severed before death | ☐ Confirmed ☐ Unclear ☐ Not applicable |
| All additional joint tenants and their interests are identified | ☐ Confirmed ☐ Unclear ☐ None |
| Creditor, lien, probate-administration, or title claims were reviewed | ☐ Confirmed ☐ Unclear |
| For the community-property-agreement route, the RCW chapter 11.84 slayer or abuser reservation was screened | ☐ None identified ☐ Counsel required ☐ Not applicable |
| A title company or county requires a different or additional affidavit | ☐ No ☐ Yes: [________] |
RCW 64.28.010 and RCW 26.16.120 preserve creditor rights. This affidavit must
not state that the survivor takes free of liens, creditor claims, administration
issues, or competing interests unless separate current authority and facts
support that conclusion.
Affidavit
STATE OF WASHINGTON
COUNTY OF [____________________________]
I, [AFFIANT FULL LEGAL NAME], being first duly sworn or affirmed, state:
-
I am an adult competent to testify from personal knowledge. My mailing
address is [___________________________________________________________]. -
[DECEDENT FULL LEGAL NAME] (“Decedent”) died on [__/__/____]. A
certified copy of the Decedent's death certificate is attached for recording
as required for the claimed exemption documentation described below. -
The real property affected by this Affidavit (“Property”) is located in
[________________] County, Washington, has parcel or account number
[____________________________], and is legally described in Exhibit A. -
The Decedent and the following person or persons were named in the creating
instrument identified above:
Decedent: [___________________________________________________________]
Affiant / survivor: [________________________________________________]
Other surviving joint tenant(s), if any:
[____________________________________________________________]
- The creating instrument uses the following operative language establishing
the claimed survivorship interest:
“[____________________________________________________________]”
Page / paragraph of creating instrument: [____________________________]
- Select and complete the applicable statement:
☐ Joint tenancy: The written creating instrument expressly declares the
interest to be a joint tenancy. After review of the documents identified in
this Affidavit, I know of no instrument or event that severed the Decedent's
joint tenancy before death, except as disclosed here:
[____________________________________________________________]
☐ Community-property agreement: The identified agreement was executed by
both spouses or both state-registered domestic partners and states the
disposition of the Property effective upon death. Any amendment, revocation,
or challenge known to me is disclosed here:
[____________________________________________________________]
-
I survived the Decedent. I make this Affidavit to place evidence of the
death and the claimed operation of the recorded survivorship instrument in
the county real-property records. This Affidavit does not itself create or
convey the survivorship interest and does not replace the creating
instrument, certified death certificate, required tax filing, or a court
order when a dispute requires one. -
The following real estate excise tax exemption route is claimed:
☐ WAC 458-61A-202(6)(a): transfer to a surviving spouse or surviving
domestic partner under a community-property agreement or right-of-
survivorship clause. A copy of the recorded agreement and a certified copy
of the death certificate are included.
☐ WAC 458-61A-202(6)(b): transfer to the remaining joint tenant or joint
tenants under a right of survivorship. A certified copy of the death
certificate is included.
- WAC 458-61A-303 governs whether a real estate excise tax affidavit must be
filed. The filer has completed the following review with the county agent or
counsel:
☐ REET affidavit required and attached or separately submitted.
☐ REET affidavit not required for the identified recording; basis:
[____________________________________________________________]
☐ County-agent determination still required before recording.
- The statements above are true and correct to the best of my personal
knowledge. Any qualification or additional fact necessary to avoid a
misleading title statement is set out below:
[____________________________________________________________]
[____________________________________________________________]
Signature and Verification on Oath or Affirmation
Affiant signature: [_____________________________________________________]
Affiant printed name: [_________________________________________________]
Notarial Certificate
State of Washington
County of [____________________________]
Signed and sworn to (or affirmed) before me on [__/__/____] by
[AFFIANT FULL LEGAL NAME].
Notary signature: [_____________________________________________________]
Notary stamp:
[NOTARY STAMP]
Title of office: Notary Public
My commission expires: [__/__/____]
Exhibit A — Full Legal Description
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
Attachment and Recording Checklist
| Item | Included / reviewed |
|---|---|
| Certified death certificate | ☐ Included |
| Copy of recorded community-property or survivorship agreement, if applicable | ☐ Included ☐ Not applicable |
| Creating deed or instrument correctly referenced | ☐ Confirmed |
| Full legal description | ☐ Included |
| REET affidavit and exemption citation, if required | ☐ Included ☐ County review pending |
| First page has at least three-inch top and one-inch side/bottom margins | ☐ Confirmed |
| Later pages have one-inch margins | ☐ Confirmed |
| Paper is no larger than 8.5 by 14 inches and text is at least eight-point | ☐ Confirmed |
| Return address, title, grantor, grantee, abbreviated legal description, parcel number, and related recording references appear on first page or cover sheet | ☐ Confirmed |
| No Social Security number, personally identified date of birth, or parent's maiden name appears outside required governmental documentation | ☐ Confirmed |
| County auditor indexing and fee requirements checked | ☐ Confirmed |
Sources and References
-
Washington State Legislature, RCW 64.28.010:
https://app.leg.wa.gov/RCW/default.aspx?cite=64.28.010 -
Washington State Legislature, RCW 26.16.120:
https://app.leg.wa.gov/RCW/default.aspx?cite=26.16.120 -
Washington State Legislature, RCW 65.04.015, 65.04.045, and 65.04.047:
https://app.leg.wa.gov/RCW/default.aspx?cite=65.04.015
https://app.leg.wa.gov/RCW/default.aspx?cite=65.04.045
https://app.leg.wa.gov/RCW/default.aspx?cite=65.04.047 -
Washington State Legislature, RCW 42.45.140:
https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.140 -
Washington State Legislature, WAC 458-61A-202 and 458-61A-303:
https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-202
https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-303
This template is not legal advice. Confirm current law, title, tax, and county
recording requirements before use.
About this template
- Last updated
- August 11, 2026
- Citations checked
- August 11, 2026
- Jurisdiction
- Washington
- Category
- Real Estate
Legal authority
- RCW 64.28.010 (joint tenancy with right of survivorship; creation, severance, and creditor reservation)
- RCW 26.16.120 (written community-property agreements effective at death)
- RCW 65.04.015, 65.04.045, and 65.04.047 (recording definitions, first-page requirements, and cover sheet)
- RCW 42.45.140(3) (short-form certificate for verification on oath or affirmation)
- WAC 458-61A-202(6)(a)-(b) (REET exemption documentation for survivorship transfers)
- WAC 458-61A-303 (when a real estate excise tax affidavit is required)
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 August 11, 2026.
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