Survivorship Affidavit Form

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Create a Survivorship Affidavit in Minutes

This interview will help you create a survivorship affidavit in minutes. Just answer the relevant questions, and the complete, customized survivorship affidavit will be e-mailed to you immediately.

Note: This interview should be completed by or on behalf of a co-owner of the property that survived the deceased owner or someone who inherited the property under a deed that took effect at the deceased owner's death.
Property State*
Select the state where the property is located.
show_survivorship_affidavit_explanation
- Tell me more about survivorship affidavits
What is a Survivorship Affidavit?

A survivorship affidavit is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner’s death in the land records.

The purpose of a survivorship affidavit is to clear up the land records by letting third parties—including title companies, lenders, and the property tax officials—know that an owner has passed away and that you now own the property without that owner. It can be used in two situations:
- While the deceased owner was alive, you and the deceased owner jointly owned the property as joint tenants with right of survivorship, tenants by the entirety, or community property with right of survivorship.
- You did not own jointly own the property with the deceased owner while the deceased owner was alive, but the deceased owner named you to inherit the property through a life estate deed, TOD or beneficiary deed, or lady bird deed.
Note: This interview cannot be used to transfer property to you if you are not already listed as a joint owner or named as a beneficiary. If the deceased owner died without naming you to inherit the property—or if the deceased owner named you to inherit the property through a will or a trust—you should speak to an attorney about probate or trust administration.

A survivorship affidavit is sometimes called an affidavit of survivorship, affidavit of surviving spouse, affidavit of surviving joint tenant, or affidavit of continuous marriage. These terms all refer to the same instrument.

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Calculated Interview Variables
document_title
set_state_information_tf
- Yes
- No
county_term
- County
- Parish
- Borough
community_property_state_tf
- Yes
- No
tbe_state_tf
- Yes
- No
jtwros_state_tf
- Yes
- No
ele_state_tf
- Yes
- No
tod_state_tf
- Yes
- No
independent_cities_state_tf
- Yes
- No
indexing_instructions_state_tf
- Yes
- No
judicial_district_state_tf
- Yes
- No
property_address_state_tf
- Yes
- No
prior_deed_information_state_tf
- Yes
- No
indexing_instructions_state_tf
- Yes
- No
indexing_instructions_title
property_tax_number_state_tf
- Yes
- No
property_tax_number_title
- Property Tax Number
- Parcel Identification Number
- Tax Parcel Number
- Assessor's Parcel Number
deed_recording_office
deed_recording_book_title
recording_costs
first_page_margin_statute
preparer_information_location
- Top left (split margin)
- Above the title (single margin)
- Below the title (single margin)
- At the end
Local Jurisdiction Information
Enter the following information about the local jurisdiction where the property is located.
Local Jurisdiction*
The property is located:*
- Within city limits
- In an unincorporated area
Property City/Town*
Enter the city or municipality where the property is located. Include the full context (for example, "City of San Francisco" instead of just "San Francisco").
include_judicial_district_tf
- Include judicial district
Property Judicial or Recording District*
Fill in the blank: The property is in the ____ ___________District. For example, "First Judicial" or "Nineteenth Recording."

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Deceased Owner Information
Enter the following information about the deceased owner that you want to remove from title.
lxrl_decedent_type*
- Individual
lxrl_decedent_gender_neutral_tf*
- Yes
- No
Gender*
- Male
- Female
First Name*
Middle Name
Last Name*
Suffix
lxrl_decedent_full_name
Date of Death*
Date Format: MM slash DD slash YYYY
Death Certificate Issuing State*
Select the state or other jurisdiction that issued the death certificate.

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Affiant Information
Enter the following information about the person that will sign the affidavit. This person should be a co-owner of the property that survived the deceased owner or someone who inherited the property under a deed that took effect at the deceased owner's death.
lxrl_preparer_type*
- Individual
Are you an attorney?*
- Yes
- No
lxrl_preparer_gender_neutral_tf*
- Yes
- No
Gender*
- Male
- Female
First Name*
Middle Name
Last Name*
Name Suffix
Firm or Company (Optional)
Bar Number (Optional)
Is this person the decedent's surviving spouse?*
- Yes
- No
Date of Marriage*
Date Format: MM slash DD slash YYYY
lxrl_preparer_full_name

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Legal Description
To be valid, a deed or affidavit must include a legal description. The legal description for the deed or affidavit purposes is not the same as the legal description from the property tax records. You should not use the description from the property tax records as the legal description. Make sure to get the legal description from the prior deed.
show_legal _description_explanation
- Tell me more about legal descriptions
How to Find a Legal Description

A legal description is a description of real estate that is sufficient to identify it for legal purposes. The best source of the legal description is the prior deed to the property (the deed that conveyed the property to the current owner or owners).

To locate the legal description in the prior deed, look for words of introduction like "… described as follows." This language indicates that the legal description is about to begin. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed.

Example of Subdivision (Lot and Block) Legal Description

If real estate is located in a subdivision, the legal description may be very simple. It will typically refer to one or more lots, the block (or blocks) on which the lots are located, the subdivision name, and the county and state.

Lot and Block Legal Description

To see an example of how a lot and block legal description appears on an actual deed, see Sample Deed – Lot and Block.

Example of Survey (Metes and Bounds) Legal Description

A metes and bounds description describes the property by locating it within the public surveying system. The boundaries of the property are described by working around a parcel of real estate in sequence, starting with a point of beginning. The point of beginning could be a landmark or a point described based in the United States Public Land Survey System. Here’s an example of a metes and bounds description:

Metes and Bounds Legal Description

To see an example of how a metes and bounds description appears on an actual deed, see Sample Deed – Metes and Bounds.
Select One:*
- I want to enter a legal description here
- I will attach the legal description to the affidavit
Legal Description*
Enter the legal description for the property. To find the legal description, look at the deed that conveyed the property to the current owner. For more information on how to locate and type a legal description, see What is a Legal Description of Real Estate?
Property Address*
Property Tax Number*
Enter the number used to identify the property for local property tax purposes. It may go by different names, depending on the county. To locate it, look at prior tax statements, the prior deed to the property, or the city or county property tax records. Most counties have online search tools to search the property tax records.
Indexing Instructions*
Enter the indexing instructions. This information is required in your state in order to follow the chain of title. You can usually copy the indexing instructions from the prior deed.

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Prior Deed Information
Enter information about the deed that transferred the property to the owner that is currently transferring the property. This information is used to connect the chain of title between owners.
Prior Owner Name*
Enter the name of the owner that transferred the property to the person who is currently transferring the property. This is usually the person listed as "Grantor" in the most recently recorded deed.
Prior Deed Title*
Enter the title of the deed or other instrument that transferred the property to the person that is currently transferring the property.
Prior Deed Recording Information*
Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38"
Prior Deed Recording Date*
Enter the date that the prior instrument was recorded. The date would have been stamped on the prior instrument by the clerk at the time that the prior instrument is recorded.
Date Format: MM slash DD slash YYYY

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Interest Conveyed
Enter the following information about the interest conveyed. As a general rule, if all property owners are signing the deed (which is usually recommended), then the deed should convey the entire property.
Interest Conveyed*
If this document deals with only a partial interest in the property, select "Fractional Interest." Otherwise, select "Entire Interest."
- Entire Interest
- Partial Interest
Partial Interest*
This document relates to an undivided ___ interest in the property (e.g., 1/2, 50 percent).

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Form of Ownership
Answer the following questions about the way the affiant acquired the property.
Select One:*
- the decedent and the affiant co-owned the property during the decedent's life and the affiant inherited it through right of survivorship at the decedent's death
- the affiant did not own the property during the decedent's life, but inherited it through life estate, lady bird, TOD, or beneficiary deed at the decedent's death
Form of Co-Ownership*
- Joint tenants with right of survivorship
- Tenants by the entirety
- Community property with right of survivorship
show_survivorship_explanation
- Tell me more about rights of survivorship
How to Determine if Property is Owned with Right of Survivorship

To determine whether property was held with right of survivorship, look for language in the prior deed to the property (the deed that conveyed the property to the current owners). Three types of deeds include a right of survivorship:
1. Joint Tenancy with Right of Survivorship. A joint tenancy with right of survivorship is a common form of co-ownership in which each owner has a right of survivorship with respect to the other owners. On the death of an owner, the property passes automatically to the surviving owners. The last living owner inherits the entire property. Look for the phrases "joint tenancy" or "right of survivorship."
2. Tenancy by the Entirety.The following states recognize a form of marital co-ownership called "tenancy by the entirety:" Alaska, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Wyoming. Tenancy by the entirety includes a right of survivorship. Look for the phrase "tenants by the entirety" or "tenancy by the entirety." In many states, simply designating the property as owned by a married couple ("husband and wife," for example) is enough to create a tenancy by the entirety and is the normal approach.
3. Community Property with Right of Survivorship. There are nine community property states: Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. In these states, property may be held as community property with right of survivorship. This form of marital ownership allows the property to pass to the surviving spouse on the death of the first spouse to die. Look for the phrase "right of survivorship" in the prior deed or in a separate survivorship or marital property agreement.
I am a:*
- Beneficiary of a TOD Deed or Beneficiary Deed
- Beneficiary of Life Estate Deed
- Beneficiary of Lady Bird Deed
Document Title*
Enter the title of the deed or other instrument that gave you an interest in the property. Look for a title like "Warranty Deed," "Quitclaim Deed," or "Transfer-on-Death Deed."
Document Signing Date*
Enter the date when the conveyance document was signed.
Date Format: MM slash DD slash YYYY
Recording Information (Optional, but Recommended)
Fill in the blank for the Instrument Number or Book/Page Number: The prior instrument was recorded _________. This information is usually stamped on the document by the clerk at the time that the document was recorded. Examples: "as Instrument No. 2011013487" or "in Book 8B at Page 38"

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Contact Information
Enter the following information about the affiant.
the affiant's Email*
Enter Email Confirm Email
the affiant's Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
different_return_address_tf
- Return recorded documents to different address
Return-To Address
Enter the name and address where the documents should be returned once they are recorded
lxrl_returnto_type
- Individual
Name*
Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

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Signing Information (Optional)
Enter the following information about the place and date of signature. If you are unsure when or where the document will be signed, click Next to skip to the next section.
Signing State
Select the state in which this document will be signed. If unsure, leave blank.
Signing Jurisdiction
Signing Date
Date Format: MM slash DD slash YYYY

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Document Options
The options below can help further customize your document to meet your preferences.
is_source
- True
- False
source_token
passthrough_token
edit_link
File Format*
PDF files do not require word processing software like Microsoft Word. The disadvantage of PDF files is that they are difficult to edit after assembly (although you can always contact us if you need to change your answers). Microsoft Word files can be edited in Microsoft Word (or compatible software) after the document is created.
- PDF (.pdf) files
- Microsoft Word (.docx) files
[fix_formatting_errors_tf]
Our software will look for items like improper capitalization and attempt to correct them. If you would like to turn this feature off, uncheck the box. If you are unsure, leave the box checked. You can always change this later.
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Information on This Site
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Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

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Create a Survivorship Affidavit in Minutes

What is a Survivorship Affidavit?

Calculated Interview Variables

Local Jurisdiction Information

Deceased Owner Information

Affiant Information

Legal Description

How to Find a Legal Description

Example of Subdivision (Lot and Block) Legal Description

Example of Survey (Metes and Bounds) Legal Description

Prior Deed Information

Interest Conveyed

Form of Ownership

How to Determine if Property is Owned with Right of Survivorship

Contact Information

Return-To Address

Signing Information (Optional)

Document Options