Affidavit of Surviving Joint Tenant - West Virginia
AFFIDAVIT OF SURVIVING JOINT TENANT
State of West Virginia
Recording Requested By:
_____________________________________________
When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________
Property Address:
_____________________________________________
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENT INFORMATION
| Field | Information |
|---|---|
| Document Type | Affidavit of Surviving Joint Tenant |
| Prior Deed Book/Page (Vesting Instrument) | _________________________ |
| Tax Map/Parcel | _________________________ |
| Property Address | _________________________ |
| District | _________________________ |
| County | _________________________ |
Affiant (Surviving Joint Tenant): _____________________________________________
Decedent (for indexing): _____________________________________________
AFFIDAVIT OF SURVIVING JOINT TENANT
STATE OF WEST VIRGINIA
COUNTY OF _________________, to-wit:
The undersigned affiant, being first duly sworn, 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.
(b) My mailing address is:
_____________________________________________
_____________________________________________
2. Sworn Recitals
(a) Death of Decedent. _____________________________________________ ("Decedent") died on the _____ day of _________________, 20_____, in _________________________ [city/county/state]. The person identified as Decedent is the same person named as a joint tenant in the vesting instrument described below. Evidence of death attached, if any: [________________________________].
(b) Vesting of Title with Right of Survivorship. During his/her lifetime, the Decedent and the Affiant acquired and held title to the real property described in Exhibit A as joint tenants with a right of survivorship by virtue of that certain _________________ [deed/instrument] dated [__/__/____], from _________________________, recorded in the Office of the Clerk of the County Commission of _________________ County, West Virginia, in Deed Book _______, at Page _______. The language creating survivorship is: [QUOTE EXACT VESTING LANGUAGE]. Under W. Va. Code § 36-1-20(a), the intended survivorship must manifestly appear from the tenor of the instrument; subsection (b) separately addresses an instrument linking multiple owners with the disjunctive "or," unless expressly stated otherwise.
(c) Legal Description and Parcel. The real property affected by this Affidavit ("the Property") is situated in the District of _________________, County of _________________, State of West Virginia, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
Property Address: _____________________________________________
Tax Map _______, Parcel _______
(d) Affiant is the Surviving Joint Tenant. The Affiant is the surviving joint tenant named in the vesting instrument described in paragraph 2(b) and survived the Decedent. Other than the Affiant and the Decedent, there were no other joint tenants under the vesting instrument, except as follows:
☐ None other than the Affiant and the Decedent.
☐ The following additional surviving joint tenant(s): _____________________________________________
(e) Vesting of Decedent's Interest. Upon the death of the Decedent, and by reason of the right of survivorship established by the vesting instrument and preserved under W. Va. Code § 36-1-20, the Decedent's interest passed to the surviving joint tenant(s) by operation of law. If additional joint tenants survive, this Affidavit does not claim that the Affiant alone owns the entire Property. Any outstanding lien or other encumbrance must be assessed separately.
(f) Disqualification and Known Encumbrances. To the best of the Affiant's knowledge and belief: (i) the Affiant is not disqualified from taking by survivorship under W. Va. Code § 36-1-20(c) or (d); and (ii) known liens or encumbrances affecting the Property are disclosed below. This Affidavit does not determine tax-lien or title priority.
☐ None.
☐ As follows: _____________________________________________
3. Statutory Basis
This Affidavit states facts relevant to survivorship under W. Va. Code §§ 36-1-19 and 36-1-20 and is offered for recording as an acknowledged writing under W. Va. Code §§ 39-1-2(a) and 39-1-3. It records the Affiant's claim that the Decedent's interest passed to the surviving joint tenant(s); it does not itself convey title.
4. Request to Record
The Affiant requests that the Clerk of the County Commission of _________________ County, West Virginia, record this acknowledged Affidavit and any evidence of death submitted with it in the real property records. Affiant should confirm any local recording and death-evidence requirements with that clerk.
5. VERIFICATION AND JURAT
_____________________________________________
Signature of Affiant (Surviving Joint Tenant)
_____________________________________________
Printed Name of Affiant
STATE OF WEST VIRGINIA
COUNTY OF _________________, to-wit:
I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _____________________________________________, whose name is signed to the foregoing Affidavit bearing date on the _____ day of _________________, 20_____, personally appeared before me in my said County and, being first duly sworn, made oath that the statements contained in the foregoing Affidavit are true and correct to the best of his/her knowledge and belief, and acknowledged the same.
Given under my hand this _____ day of _________________, 20_____.
My commission expires: _____________________________________________
_____________________________________________
Notary Public
[NOTARIAL SEAL]
EXHIBIT A - LEGAL DESCRIPTION
Legal Description of Property:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
District of _________________, County of _________________, State of West Virginia
Tax Map _______, Parcel _______
AND BEING the same property described in the vesting instrument recorded in Deed Book _______, at Page _______, in the Office of the Clerk of the County Commission of _________________ County, West Virginia.
ATTACHMENT - EVIDENCE OF DEATH
A certified death certificate may be attached when accepted or requested by the recording office. Confirm the clerk's current requirements and any restrictions on recording personal identifiers.
☐ Certified copy of death certificate attached. ☐ Other evidence of death: [________________________________].
This instrument was prepared by [PREPARER FULL NAME].
This preparer line is included for recording convenience. W. Va. Code § 39-1-2a(a) addresses instruments that convey, create, encumber, assign, or otherwise dispose of a property interest; this factual affidavit does not itself make such a transfer.
WEST VIRGINIA RECORDING NOTES
| Requirement | Details |
|---|---|
| Recording Office | Clerk of the County Commission where the Property is located |
| Acknowledgment | Sworn jurat and acknowledgment before a notary; §§ 39-1-2(a) and 39-1-3 govern admission to record, and § 39-4-15 governs the certificate and stamp |
| Evidence of Death | Confirm accepted evidence and recording method with the county clerk |
| District Identification | Include district in the legal description when available |
| Prior Deed Reference ("And Being") | Recommended to maintain chain of title |
| Statutory Basis | W. Va. Code §§ 36-1-19, 36-1-20, 39-1-2(a), 39-1-3, 39-4-15; § 39-1-2a(a) applies to covered interest-disposing instruments |
This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed West Virginia attorney before using this form.
About this template
- Last updated
- November 4, 2026
- Citations checked
- November 4, 2026
- Jurisdiction
- West Virginia
- Category
- Real Estate
Legal authority
- W. Va. Code § 36-1-19 (Default treatment of a deceased joint tenant's share)
- W. Va. Code § 36-1-20 (Preservation of survivorship; disqualification)
- W. Va. Code § 39-1-2(a) (Acknowledged or proved writings admitted to record)
- W. Va. Code § 39-1-3 (Acknowledgment before a notary public)
- W. Va. Code § 39-1-2a(a) (preparer identification for instruments disposing of property interests)
- W. Va. Code § 39-4-15(a)-(b) (notarial certificate and stamp)
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 November 4, 2026.
W. Va. Code § 39-1-2a(a) (checked November 4, 2026): "An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name)"."
W. Va. Code § 36-1-19 (checked November 4, 2026): "When any joint tenant or tenant by the entireties of an interest in real or personal property, whether such interest be a present interest, or by way of reversion or remainder or other future interest, shall die, his share shall descend or be disposed of as if he had been a tenant in common."
W. Va. Code § 36-1-20 (checked November 4, 2026): "Section nineteen of this article does not apply to any estate which joint tenants have as executors or trustees, nor to an estate conveyed or devised to persons in their own right, when it manifestly appears from the tenor of the instrument that it was intended that the part of the one dying should then belong to the others."
W. Va. Code § 36-1-20(a)-(b) (checked November 4, 2026): "Section nineteen of this article does not apply to any estate which joint tenants have as executors or trustees, nor to an estate conveyed or devised to persons in their own right, when it manifestly appears from the tenor of the instrument that it was intended that the part of the one dying should then belong to the others."
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