Affidavit of Survivorship Form

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Updated Apr 20, 2024
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An affidavit of survivorship is a legal document sworn under oath by the surviving owner of jointly owned property stating that they have survivorship rights. Affidavits of survivorship remove deceased owners from title to real estate by recording the person’s death in land records. Fill out this document on Loio and download it in PDF without a hassle.
Affidavit of Survivorship

 

Date:  

Place of execution:  , State of  ,   County

I,   (hereinafter referred to as the "Affiant"), residing at  , being of legal age, hereby declare and acknowledge as follows:

  • On  , by   recorded in book/volume  , page   of the   Records, the Affiant and   became owners of the following property:   located at  .
  • The Affiant and   own property in joint tenancy with the right of survivorship. 
  •   died on   (a certified copy of the certificate of death is attached as an Annex to this Affidavit). Thereby,  's interest in the above-mentioned property was terminated. 

I swear and affirm under penalty of perjury that the information and facts outlined in this statement, to the best of my knowledge, are true and accurate. 

Annex. A certified copy of the certificate of death of  .

Affiant's signature: _______________________

Notary Acknowledgment

Sworn to and subscribed before me on  

 

__________________________

(Notary public's name and seal)

Written by Karyna Pukaniuk - Reviewed by Kateryna Adkham

What Is an Affidavit of Survivorship?

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An affidavit of survivorship is a legal document you can use to remove a deceased person’s name from jointly owned property. It confirms that you, as the surviving joint owner, are now the sole legal owner of the asset — most commonly a home or land.

This form is typically used when the property was held as joint tenants with rights of survivorship.

When Do I Need an Affidavit of Survivorship?

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If you're the surviving owner of jointly held property, this affidavit may be necessary to update official records. You need this survivorship affidavit when:

  • A co-owner of real estate or another jointly titled asset has passed away.

  • The property was owned with survivorship rights.

  • You want to update the title or deed to reflect sole ownership.

  • The local recorder or registrar requires a legal affidavit to process the change.

Filing this document helps you avoid probate and simplifies the transfer of ownership.  It also provides legal proof of your claim to the property. In most cases, completing this form is the fastest way to remove the deceased person’s name from the title.

What Should I Include in an Affidavit of Survivorship?

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A complete survivorship affidavit form should include:

  • The name of the deceased co-owner.

  • The date and place of their death.

  • Your name as the surviving owner.

  • A legal description of the jointly owned property.

  • A copy of the death certificate (often required as an attachment).

  • Your notarized signature.

Including all this information ensures the affidavit is accepted by title offices or registrars. Double-check local requirements, as some jurisdictions may require additional supporting documents. Being thorough from the start can help you avoid delays or rejection during the filing process.

How Do I Complete an Affidavit of Survivorship?

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Here’s a step-by-step process:

  1. Collect the original deed and death certificate.

  2. Fill out the affidavit with accurate legal and personal details.

  3. Sign the affidavit in the presence of a notary public.

  4. Attach the death certificate (if required in your state).

  5. File the completed form with your local county recorder or land records office.

This process helps you legally update the property records and confirm your sole ownership.

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