Survivorship Affidavit Form

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.

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.