Affidavit of Surviving Joint Tenant (Termination of Decedent's Joint Tenancy Interest) - Wisconsin

AFFIDAVIT OF SURVIVING JOINT TENANT

Termination of Decedent's Joint Tenancy / Survivorship Marital Property Interest

State of Wisconsin — Wis. Stat. § 867.045

This Document Was Drafted By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number (PIN):
_____________________________________________

3" x 3" RECORDING AREA FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

Document Title: AFFIDAVIT OF SURVIVING JOINT TENANT (TERMINATION OF DECEDENT'S INTEREST)

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF WISCONSIN
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 make this Affidavit, and have personal knowledge of the facts stated herein. I am a person interested in the property described below as the surviving joint tenant (or surviving spouse / remainder beneficiary).

(b) My mailing address is:
_____________________________________________
_____________________________________________

2. Sworn Recitals

(a) Death of Decedent. _____________________________________________ ("Decedent"), whose last address was _____________________________________________, died on the _____ day of _________________, 20_____. A certified copy of the Decedent's death certificate is attached hereto and made a part hereof.

(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, and not as tenants in common (Wis. Stat. § 700.17(2)), created by that certain _________________ [deed/instrument] dated [__/__/____], from _________________________, recorded on [__/__/____] in the Office of the Register of Deeds of _________________ County, Wisconsin, as Document No. _________________ (or Volume _______, Page _______).

☐ Survivorship marital property (Wis. Stat. § 766.605 / § 766.60), held exclusively between spouses, under that certain _________________ [deed/instrument] dated [__/__/____], recorded on [__/__/____] as Document No. _________________, records of _________________ County, Wisconsin, as to which no contrary intent was expressed on the instrument of transfer or in a marital property agreement.

A copy of the deed that creates the interest is provided herewith as required by Wis. Stat. § 867.045(1)(k).

(c) Legal Description and Parcel. The real property affected by this Affidavit ("the Property") is situated in _________________ County, Wisconsin, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the legal description is imprinted on or attached to this Affidavit as required by Wis. Stat. § 867.045(1)(j)).

Property Address: _____________________________________________

Parcel Identification Number (PIN): _____________________________________________

(d) Affiant is the Surviving Joint Tenant / Remainder Beneficiary. The Affiant is the surviving joint tenant (or surviving spouse) named in the vesting instrument described in paragraph 2(b) and survived the Decedent. The name and address of the surviving joint tenant / remainder beneficiary is:

_____________________________________________
_____________________________________________

Other than the Affiant and the Decedent, there were no other joint tenants, except as follows:

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

(e) Vesting of Title in Survivor. Upon the death of the Decedent and by reason of the right of survivorship, the entire interest of the Decedent in and to the Property terminated and vested in the Affiant (and any other surviving joint tenant(s)) by operation of law under Wis. Stat. § 700.17(2) (or, for survivorship marital property, § 766.60(5)(a)), without the necessity of probate administration. Upon recording, this Affidavit shall be presumed to be evidence of the facts recited and shall terminate the joint tenancy with the same force and effect as if issued by the court under Wis. Stat. § 867.04.

(f) Death Tax and Lien Statement. This Affidavit does not constitute evidence of payment of any death tax that may be due, the payment of which remains an obligation of the surviving joint tenant or remainder beneficiary under Wis. Stat. § 867.045(4). To the best of the Affiant's knowledge: (i) Wisconsin currently imposes no state estate or inheritance tax on the Decedent's estate; (ii) any applicable federal estate-tax obligations have been or will be satisfied and no estate-tax lien encumbers the Property; and (iii) there are no unsatisfied liens against the Property arising by reason of the Decedent's death, except as follows:

☐ None.
☐ As follows: _____________________________________________

3. Statutory Basis

This Affidavit is made and submitted pursuant to Wis. Stat. § 867.045 (administrative termination of a decedent's joint tenancy or life estate interest), together with Wis. Stat. § 700.17 and § 766.605 (survivorship), for the purpose of obtaining of record evidence of the termination of the Decedent's interest and confirming title in the Affiant.

4. Required Documentation and Request to Record

The Affiant has provided to the Register of Deeds: (i) this verified Affidavit/application stating the name and address of the Decedent and of the surviving joint tenant/remainder beneficiary, the date of death, and the Affiant's interest; (ii) a certified copy of the death certificate; (iii) a copy of the deed creating the interest (§ 867.045(1)(k)); and (iv) the legal description and, where required, a copy of the property tax bill for the year preceding the year of death (§ 867.045(1)(j)). The Affiant requests that the Register of Deeds of _________________ County, Wisconsin, record this Affidavit and accompanying documents.

5. VERIFICATION AND JURAT

_____________________________________________
Signature of Affiant (Surviving Joint Tenant / Remainder Beneficiary)

_____________________________________________
Printed Name of Affiant

STATE OF WISCONSIN
COUNTY OF _________________

Personally came before me this _____ day of _________________, 20_____, the above-named _____________________________________________, to me known to be the person who executed the foregoing Affidavit, who, being first duly sworn, on oath verified the correctness of the information contained in the foregoing Affidavit as required by Wis. Stat. § 867.045(2).

_____________________________________________
Notary Public, State of Wisconsin

_____________________________________________
Printed Name of Notary

My Commission: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

Real property situated in _________________ County, Wisconsin:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Parcel Identification Number (PIN): _____________________________________________

ATTACHMENT - CERTIFIED DEATH CERTIFICATE AND SUPPORTING DOCUMENTS

The following must accompany and be submitted with this Affidavit under Wis. Stat. § 867.045(1):

☐ Certified copy of the Decedent's death certificate.
☐ Copy of the deed that creates the joint tenancy / survivorship interest (§ 867.045(1)(k)).
☐ Copy of the property tax bill for the year preceding the year of the Decedent's death, with legal description imprinted/attached (§ 867.045(1)(j)) — recording of the tax bill may be waived by agreement between the Register of Deeds and the county real property lister.

WISCONSIN RECORDING NOTES

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