Affidavit of Death of Joint Tenant

An affidavit of death of joint tenant is a legal document used in real estate transactions to formally record the death of one joint tenant who owned a property in a Joint Tenancy arrangement.

Joint tenancy is a common form of property ownership in which two or more individuals share equal ownership and rights to a property. When one joint tenant passes away, the property typically transfers to the Surviving joint tenant(s) without the need for Probate.

To create an Affidavit of Death of Joint Tenant, the surviving joint tenant completes a government provided form, provides necessary details, and signs it in the presence of a Notary public. The affidavit is then filed with the appropriate county or local land records office or recorder's office where property records are maintained. It becomes part of the public record, officially documenting the change in property ownership.

The specific requirements and procedures for creating and filing an Affidavit of Death of Joint Tenant can vary by state and county, so it's important to consult with an Estate Attorney or Probate Attorney to ensure local laws are adhered to.

The Affidavit of Death of Joint Tenant serves several important purposes:

Record the Death: It provides a legal mechanism for recording the death of one of the joint tenants with the appropriate county or local government office responsible for maintaining property records.

Transfer of Ownership: Once recorded, the affidavit serves as evidence that the deceased joint tenant's ownership interest in the property has transferred to the surviving joint tenant(s) by operation of law. This transfer happens automatically upon the death of one joint tenant, as joint tenancy includes Survivorship Rights.

Title Clarification: It clarifies the ownership status of the property by removing the deceased joint tenant's name from the property Title, which is important for purposes such as selling or refinancing the property.

Avoiding Probate: One of the primary benefits of joint tenancy with the right of survivorship is that it allows for a seamless transfer of ownership without the need for probate court proceedings, which can be time-consuming and costly.