Affidavit of Survivorship Template

AFFIDAVIT OF SURVIVORSHIP TEMPLATE FAQ

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.

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.

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.

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.

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.

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