Does an Affidavit of Survivorship require probate?

No — that is the main advantage. Because jointly-held property with right of survivorship passes automatically to the survivor by operation of law, it bypasses probate entirely. The Affidavit of Survivorship is filed to update the public records, not to initiate a legal proceeding. This makes it significantly faster and less expensive than going through a formal estate administration.

What documents do I need to file with the Affidavit of Survivorship?

You will typically need to file the notarized Affidavit of Survivorship together with a certified copy of the deceased co-owner's death certificate. Both documents are filed with the county recorder or clerk in the county where the property is located. Filing fees vary by county, and some counties may require the property's legal description to match the original deed exactly.

What is the difference between joint tenancy and tenancy in common?

Joint tenancy includes the right of survivorship — when one owner dies, their share automatically passes to the surviving owners. Tenancy in common does not include survivorship rights — each owner's share passes through their estate (and possibly probate) when they die. An Affidavit of Survivorship only applies to joint tenancy or community property with right of survivorship, not to tenancy in common.

Can an Affidavit of Survivorship be used for bank accounts or vehicles?

Affidavits of Survivorship are most commonly used for real estate, but similar documents are used for other jointly-held assets. For jointly-held bank accounts, the surviving account holder typically provides the bank with a certified death certificate and the institution will update the account directly. For jointly-owned vehicles, the surviving owner usually contacts the state DMV with the death certificate to update the title.

What if the property was held as community property rather than joint tenancy?

In community property states (including California, Texas, Arizona, and several others), spouses who hold property as Community Property with Right of Survivorship can also use an Affidavit of Survivorship to transfer the deceased spouse's interest to the survivor. The process is similar — file the notarized affidavit and death certificate with the county recorder. Check your state's specific requirements, as the exact form and procedures can differ from joint tenancy survivorship.

Free Affidavit of Survivorship Form

An Affidavit of Survivorship is used to transfer title to jointly-owned property — typically real estate — to the surviving co-owner after one owner passes away. It is filed in the public land records to update the title and remove the deceased owner's name.

Complete the Form

Fill in the fields below, then download your completed affidavit.

Affidavit of Survivorship

Fill in the fields below to generate your form.

Affiant Information

Full Legal Name *

Date of Birth

Street Address *

City *

State *

Sworn Statement

Statement of Facts *

I swear or affirm that the above information is true and correct to the best of my knowledge.

Signature

Date of Signature *

Notary Acknowledgment

State of _________________________ County of _________________________

Subscribed and sworn to before me on this _____ day of _______________, 20_____.

Notary Public: __________________________ My Commission Expires: __________________

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How to Complete This Form

1Enter the full legal name(s) of all joint owners as they appear on the original deed or title.
2Identify the deceased co-owner by full name and provide the date of death.
3Describe the property being transferred, including the legal description if available.
4Attach a certified copy of the death certificate (required for filing).
5Sign the completed affidavit in front of a notary public, then file it with the county recorder or clerk where the property is located.

What Is an Affidavit of Survivorship?

When property is held in Joint Tenancy with Right of Survivorship (JTWROS) or as Community Property with Right of Survivorship, the surviving owner automatically inherits the deceased co-owner's share by operation of law — bypassing probate. However, the title must be formally updated in the county property records. An Affidavit of Survivorship is the document used to accomplish this. The surviving owner files the notarized affidavit with a certified copy of the death certificate in the county where the property is located, which clears the deceased owner's name from the title and establishes the survivor as sole owner.

Filling out an affidavit of survivorship form requires identifying the property precisely — typically using the legal description from the original deed. The surviving owner's name must appear exactly as it does on the deed. An affidavit of survivorship template provides the structural framework, but accuracy in the property description and ownership details is critical. Errors in the legal description or owner names can cause the document to be rejected by the county recorder.

Once the affidavit of survivorship is recorded in the public land records, it creates a clear chain of title showing that the surviving owner is now the sole owner of the property. This is important for future sales, refinancing, or estate planning. The process bypasses probate, which can save months and thousands of dollars compared to administering the property through a formal probate proceeding.

When Do You Need an Affidavit of Survivorship?

✓Property was held in Joint Tenancy with Right of Survivorship and a co-owner has died
✓A spouse dies and the surviving spouse needs to update title on jointly-owned real estate
✓You need to remove a deceased co-owner's name from a property deed
✓A bank or title company requires proof of survivorship before releasing jointly-held assets
✓You are selling or refinancing property previously held jointly
✓A business partner who held title jointly has passed away

Notarization Required

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