Affidavit of Surviving Joint Tenant

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Washington

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Assessor's Property Tax Parcel/Account Number:
_____________________________________________

Abbreviated Legal Description:
_____________________________________________

Additional legal description is on Exhibit A of document.

3" x 3" SPACE FOR RECORDER'S USE (RCW 65.04.045)

DOCUMENT INFORMATION

Grantor(s) (Affiant / Surviving Joint Tenant): _____________________________________________

Grantee(s) (Decedent / for indexing): _____________________________________________

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF WASHINGTON
COUNTY OF _________________

The undersigned affiant, being first duly sworn, on oath deposes and states as follows:

1. Affiant Identification and Competency

(a) My name is _____________________________________________ ("Affiant"). I am over the age of eighteen (18) years, am competent to testify, and make this Affidavit upon my own personal knowledge of the facts stated herein.

(b) My mailing address is:
_____________________________________________
_____________________________________________

2. Sworn Recitals

(a) Death of Decedent. _____________________________________________ ("Decedent") died on the _____ day of _________________, 20_____, at _________________________ [city/county/state]. A certified copy of the Decedent's death certificate is attached hereto and made a part hereof, and identifies the Decedent as the same person named as a joint tenant (or as a spouse/domestic partner under the survivorship instrument) in the vesting instrument described below.

(b) Vesting of Title. At the time of death, the Decedent and the Affiant held title to the real property described in Exhibit A as co-owners under one of the following (check applicable):

☐ Joint tenants with right of survivorship (RCW 64.28.010), as created by that certain _________________ [deed/instrument] dated [__/__/____], executed by _________________________, and recorded on [__/__/____] under Recording/Auditor's File No. _________________ (or Volume _______, Page _______), records of _________________ County, Washington, which instrument expressly declared the interest created to be a joint tenancy.

☐ Surviving spouse / surviving domestic partner under a recorded Community Property Survivorship Agreement (RCW 26.16.120), dated [__/__/____] and recorded on [__/__/____] under Recording/Auditor's File No. _________________, records of _________________ County, Washington, providing that upon the death of either party the community property vests in the survivor.

(c) Legal Description and Parcel. The real property affected by this Affidavit ("the Property") is situated in _________________ County, Washington, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Assessor's Property Tax Parcel/Account Number: _____________________________________________

(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant (or surviving spouse/domestic partner) named in the vesting instrument described in paragraph 2(b) and survived the Decedent. There were no other joint tenants or co-owners under the vesting instrument other than the Affiant and the Decedent, except as follows:

☐ None other than the Affiant and the Decedent.
☐ The following additional surviving joint tenant(s): _____________________________________________

(e) Vesting of Title in Survivor. By reason of the Decedent's death and the right of survivorship, all right, title, and interest of the Decedent in and to the Property terminated upon death and vested in the Affiant (and any other surviving joint tenant(s)) by operation of law under RCW 64.28.010 (or RCW 26.16.120, as applicable), without the cost or delay of probate proceedings. The Affiant now holds title to the Property free of any interest of the Decedent.

(f) Estate, Inheritance Tax, and Lien Statement. To the best of the Affiant's knowledge and belief:

☐ The State of Washington imposes no inheritance tax; the Washington estate tax (RCW Chapter 83.100) and any federal estate tax obligations applicable to the Decedent's estate have been or will be satisfied, and no estate-tax lien encumbers the Property; OR

☐ The following estate/inheritance-tax matters or liens remain to be resolved: _____________________________________________

The transfer of the Property to the Affiant by reason of inheritance/right of survivorship is exempt from the Washington real estate excise tax pursuant to WAC 458-61A-202, and a certified copy of the death certificate is provided as the documentation required by that rule.

3. Statutory Basis

This Affidavit is made pursuant to RCW 64.28.010 (joint tenancy with right of survivorship), RCW 26.16.120 (community property agreement vesting in survivor, where applicable), RCW 11.04.250 (vesting of title at death), and RCW 65.04 (recording), for the purpose of establishing of record the termination of the Decedent's interest and confirming title in the Affiant as the surviving joint tenant.

4. Request to Record

The Affiant requests that the County Auditor/Recorder of _________________ County, Washington, record this Affidavit, together with the attached certified copy of the death certificate, in the real property records to evidence the termination of the Decedent's interest and to confirm marketable title in the Affiant.

5. VERIFICATION AND JURAT

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

DATED this _____ day of _________________, 20_____, at _________________________, Washington.

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name of Affiant

STATE OF WASHINGTON
COUNTY OF _________________

I certify that I know or have satisfactory evidence that _____________________________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and, on oath, swore to and subscribed the foregoing Affidavit, stating that the contents thereof are true and correct to the best of his/her knowledge and belief.

SUBSCRIBED AND SWORN TO before me this _____ day of _________________, 20_____.

_____________________________________________
Signature of Notary Public

_____________________________________________
Printed Name of Notary

NOTARY PUBLIC in and for the State of Washington, residing at _____________________________________________

My appointment expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Assessor's Property Tax Parcel/Account Number: _____________________________________________

Property Address: _____________________________________________

ATTACHMENT - CERTIFIED DEATH CERTIFICATE

A certified copy of the Decedent's death certificate must be attached to and recorded with this Affidavit. Under WAC 458-61A-202, a certified copy of the death certificate is the documentation required to support the real estate excise tax exemption for a transfer to remaining joint tenants under right of survivorship, or to a surviving spouse/domestic partner under a recorded community property agreement or right of survivorship clause (for which the recorded agreement must also be provided).

☐ Certified copy of death certificate attached.
☐ Recorded Community Property Survivorship Agreement attached (if applicable).

WASHINGTON RECORDING NOTES

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