Affidavit of Survivorship Template

What Is the Affidavit of Survivorship?

An Affidavit of Survivorship is a sworn legal statement proving that property held in joint tenancy with right of survivorship automatically transferred to the surviving owner when the other owner died. It establishes the survivor's sole ownership and removes the deceased co-owner's name from deeds, titles, and accounts.

This template covers real property, bank accounts, brokerage accounts, vehicles, and other jointly-held assets. It includes comprehensive sections for documenting the joint tenancy, proving the ownership arrangement, addressing any encumbrances, and establishing your authority to make the sworn statement. Complete the form, attach supporting documents, have it notarized, and record or submit it to establish clear title.

 

 

Is This Affidavit of Survivorship Right for You?

You need this affidavit if you're:

• Surviving spouse needing to remove deceased spouse's name from house deed
• Surviving joint account holder unable to access bank accounts
• Co-owner needing to clear vehicle title after the other owner died
• Joint tenant trying to refinance property still showing deceased co-owner
• Survivor attempting to sell property held in joint tenancy
• Beneficiary transferring investment accounts held as JTWROS

You definitely need this affidavit if:

• County recorder won't record new deed without proof of survivorship
• Title company identified deceased co-owner as cloud on title
• Bank froze joint account despite survivorship designation
• DMV refused to transfer vehicle without survivorship documentation
• You're trying to sell or mortgage property still titled to deceased person

 

 

Why Thousands Trust Legal GPS Templates

Save Money

Attorneys charge $400-600 to prepare survivorship affidavits. Our template costs $35.

Save Time

Download immediately and complete in under an hour. No waiting for attorney drafts.

Look Professional

Attorney-drafted language that county recorders, banks, and title companies accept without question.

Keeps You Out of Court

The Nature of Joint Ownership article documents specific evidence preventing ownership disputes. The No Other Claims or Encumbrances section addresses potential creditor issues upfront, eliminating later challenges.

 

 

 

Get Protected in 3 Simple Steps

Step 1: Secure Checkout

Complete your purchase through our encrypted payment system. Your template downloads immediately.

Step 2: Instant Download

Receive your Affidavit of Survivorship in both Word and PDF formats. Open in any word processor.

Step 3: Fill In the Highlighted Fields

Replace bracketed guidance with your information, attach required documents like the death certificate and deed, have it notarized, and record or submit it.

 

Frequently Asked Questions

Can I use this template multiple times?

Yes. You can use this template every time you need to establish survivorship after a joint owner's death. Each situation requires a new affidavit completed with the specific property and owner information.

Is this affidavit legally binding?

Yes. An affidavit is a sworn legal statement made under penalty of perjury. Once notarized, it's legally binding and accepted by county recorders, financial institutions, DMV offices, and title companies as proof of survivorship.

What's the difference between this and a death certificate?

A death certificate proves someone died. An Affidavit of Survivorship proves that jointly-held property automatically transferred to the survivor and explains the legal basis for that transfer. You need both—the death certificate as an attachment to the affidavit.

Do I need to record this with the county even if I'm not selling the property?

Yes, if it's real estate. Recording the affidavit clears title and prevents future problems. Even if you're keeping the house, you'll need clean title to refinance, take out home equity loans, or eventually sell or transfer the property to heirs.

What if the deed doesn't say "joint tenants with right of survivorship"?

Stop. If the deed says "tenants in common" or doesn't mention survivorship, you may not have automatic transfer rights. Consult an attorney before using this affidavit. Using it when you don't actually have survivorship rights can create legal problems.

Will this work if the deceased had debts or the property has liens?

Generally yes. Survivorship transfer happens by operation of law regardless of debts. However, creditor claims and liens remain attached to the property. The affidavit includes a section for acknowledging known encumbrances. Consult an attorney if creditor issues are complex.