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Affidavit of Survivorship Template

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This Affidavit of Survivorship (the “Affidavit”) is made on [Date] by:

Affiant / Surviving Owner: [Full Name], address: [Address], phone/email: [Contact].

Deceased Owner: [Full Legal Name]

Date of Death: [Date]

Place of Death (City/State): [City/State]

1. Purpose

1.1 I am making this Affidavit to confirm that I am the surviving joint owner and to help update records for the property/account described below.

2. Joint Ownership and Survivorship

2.1 The deceased owner and I held title/ownership as:

☐ Joint tenants with right of survivorship

☐ Tenants by the entirety (if applicable)

☐ Other survivorship form permitted by law: [Describe]

2.2 To the best of my knowledge, I am the surviving owner and the survivorship right applies to the property described below.

3. Property / Account Information

3.1 Real Estate (If Applicable):

  • Property address: [__]

  • County/State: [__]

  • Legal description (optional): [__]

  • Recording reference (optional): [Instrument # / book & page]

Property address: [__]

County/State: [__]

Legal description (optional): [__]

Recording reference (optional): [Instrument # / book & page]

3.2 Financial Account (Optional):

  • Institution: [Bank/Broker]

  • Account number (last 4 digits only): [____]

Institution: [Bank/Broker]

Account number (last 4 digits only): [____]

4. Death Certificate and Attachments

4.1 A certified copy of the death certificate is: ☐ attached ☐ will be provided.

4.2 Other attachments (optional): ☐ deed/title copy ☐ account statement ☐ proof of identity ☐ other: [List]

5. Statement Under Oath

5.1 I declare under penalty of perjury that the statements in this Affidavit are true and correct to the best of my knowledge.

Signatures

Affiant / Surviving Owner: [Full Name]

Date: [Date]

Signature: ___________________________

Witnesses (If Required)

Witness Name: [Name]

Date: [Date]

Signature: ___________________________

Notary / Notarization (If Required)

State of [State]

County of [County]

On [Date], before me, [Notary Name], personally appeared [Affiant Full Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to this Affidavit, and acknowledged that they executed it for the purposes stated.

Notary Public Signature: _______________________

My Commission Expires: _______________________

Notary Seal (if applicable): ___________________

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Affidavit of Survivorship Template

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Frequently asked

Affidavit of Survivorship Template — quick answers

01

What is an affidavit of survivorship?

An Affidavit of Survivorship is a sworn statement used to confirm that one joint owner survived another joint owner who has died. It is commonly used to update title records for real estate held in joint tenancy with right of survivorship, and sometimes to update certain financial accounts.

02

When should you use it?

Use it after one joint owner dies and the surviving owner needs to prove survivorship to a recorder’s office, title company, bank, or other institution. It is usually submitted with a certified death certificate.

03

What information should be included?

Include: the deceased owner’s identity, the surviving owner’s identity, the date of death, the property or account being updated, and a statement that title was held with survivorship rights. This template includes optional recording and legal description fields.

04

Do you need a notary?

Often yes, especially for real estate recordings. This template includes a notarization section and an optional witness section if required.

05

Does this transfer property if there is no survivorship right?

No. An affidavit of survivorship is typically used only where survivorship rights exist (such as joint tenancy with right of survivorship or tenancy by the entirety). If the property was held as tenants in common, probate or another transfer method may be needed.

06

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AI Lawyer is an AI-powered assistant that helps you create and customize legal and business document templates online. It guides you through key sections, suggests wording, and explains complex concepts in simple language. AI Lawyer does not replace a licensed attorney or provide legal advice, but helps you prepare better documents faster and more confidently.

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