Affidavit of Survivorship Form
All states | 16 types
What Is an Affidavit of Survivorship?
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?
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?
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?
Here’s a step-by-step process:
Collect the original deed and death certificate.
Fill out the affidavit with accurate legal and personal details.
Sign the affidavit in the presence of a notary public.
Attach the death certificate (if required in your state).
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.
