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

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]. A certified copy of the Decedent's death certificate is attached hereto and made a part hereof, and the person named therein is one and the same person named as a joint tenant in the vesting instrument described below.

(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 the right of survivorship, and not as tenants in common, 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 _______. It manifestly appears from the tenor of said instrument, by express survivorship language, that the part of the one dying should belong to the survivor, so that survivorship is preserved under W. Va. Code § 36-1-20.

(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 Title in Survivor. Upon the death of the Decedent, and by reason of the right of survivorship reserved in the vesting instrument and preserved under W. Va. Code § 36-1-20, the entire right, title, and interest of the Decedent in and to the Property passed to and vested in the Affiant (and any other surviving joint tenant(s)) by operation of law, without the necessity of probate or estate administration. The Affiant now holds title to the Property free of any interest of the Decedent.

(f) Slayer, Estate, and Lien Statement. To the best of the Affiant's knowledge and belief: (i) the Affiant is not a person disqualified from taking by survivorship under W. Va. Code § 36-1-20(c) or (d) (slayer/abuse-of-incapacitated-adult disqualification); (ii) all estate-tax obligations applicable to the Decedent's estate have been or will be satisfied and no estate-tax lien encumbers the Property; and (iii) there are no unsatisfied liens or encumbrances against the Property arising by reason of the Decedent's death, except as follows:

☐ None.
☐ As follows: _____________________________________________

3. Statutory Basis

This Affidavit is made pursuant to W. Va. Code § 36-1-19 and § 36-1-20 (joint tenancy and preservation of survivorship) and W. Va. Code § 40-1-9 (recording), for the purpose of making the Decedent's death a matter of record and confirming title in the Affiant as surviving joint tenant.

4. Request to Record

The Affiant requests that the Clerk of the County Commission of _________________ County, West Virginia, 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 title in the Affiant.

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 - CERTIFIED DEATH CERTIFICATE

A certified copy of the Decedent's death certificate must be attached to and recorded with this Affidavit as proof of the Decedent's death and the resulting termination of the Decedent's interest by right of survivorship.

☐ Certified copy of death certificate attached.

WEST VIRGINIA RECORDING NOTES

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.