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.
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.
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:
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.
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.
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.
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.
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.
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.
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?
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:
No Tax Advice
The information contained in this site does not constitute tax advice. Any discussion of tax matters contained in this site is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter.
We will not provide any service other than access to our drafting software, which you use at your own risk, and related non-legal services. You are representing yourself in any legal matter you undertake through our site.
Our service is not a substitute for the advice of an attorney. We will not provide any legal advice, and your communications with us are not protected by the attorney-client privilege or work product doctrine.
Information on This Site
This site provides an online legal portal to give visitors a general understanding of the law. It also provides an automated software solution to individuals who choose to prepare their own legal documents. The information published on this site is only general information on issues that are commonly encountered.
Although we try to ensure that the information on our website and documents are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, we cannot guarantee that all the information on the site is completely current. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. You should not rely upon this site as a substitute for seeking legal advice from an attorney.
The information on this site is general information only and is not specific to your situation. If you have specific legal questions, you should consult with an attorney.
We are not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE.
expressly disclaims all liability, loss or risk incurred as a direct or indirect consequence of the use of this site. By using this site, you waive any rights or claims you may have against in connection with their use. does not endorse, and is not responsible for, any third-party content that may be accessed through this site.
Legal Use of this Site
You agree to use this site in compliance with all applicable laws, including your state’s property transfer and recording laws and all applicable tax laws. You also agree to indemnify and hold harmless from and against any and all claims, damages, losses or obligations arising from any use of this site that is illegal or improper.
Information You Provide
Once they are recorded, deeds are a matter of public record. The information that we require to prepare the deed includes only the minimum amount necessary to identify the parties, the property, the preparer, and other elements. We anticipate that all of this information will become a matter of public record when the deeds are filed.
As part of the normal operation of the underlying software, our platform stores information that you have entered (as well as a copy of the formation documents generated based on such information) so that the underlying software can operate as designed. By using our software, you confirm that you have authority to share any information that you furnish. disclaims any and all liability in connection with the collection, use or disclosure of the information furnished by you or otherwise collected by this tool.
at its sole discretion and at any time may choose to change the terms, conditions, content and operation of this site without any obligation to notify any person, including any prior user of this site. also reserves the right to refuse to provide access to this site, and it shall not be liable for any losses resulting from such refusal.