The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.
The affidavit of survivorship is a legal document used in the state of Indiana in relation to a transfer on death deed. This affidavit serves as proof of the transfer of real estate ownership from a deceased person (granter) to their surviving joint tenant or tenants. It is a crucial document for establishing clear ownership rights and facilitating the smooth transfer of property without the need for probate court proceedings. In Indiana, there are two types of Affidavit of Survivorship specifically related to transfer on death deeds: 1. Affidavit of Survivorship for Transfer on Death Deed — Single Grantor: This type of affidavit is used when the transferor (granter) of the property is a single individual. In this case, the affidavit is completed by the surviving joint tenant or tenants to establish their rights as the sole owner(s) of the property upon the death of the granter. The affidavit should include pertinent details about the property, such as its legal description, and must be notarized for authenticity and legal validity. 2. Affidavit of Survivorship for Transfer on Death Deed — Married Grantor: In situations where the transferor (granter) is married, this affidavit is used to confirm the transfer of ownership rights to the surviving joint tenant or tenants. The surviving spouse typically completes the affidavit, providing necessary information such as the names of the granter and surviving joint tenant(s), the date of death, and a legal description of the property. Like the single granter affidavit, this document must be notarized to ensure its legitimacy. The Affidavit of Survivorship for Transfer on Death Deed serves as an integral legal instrument during the transfer of property ownership in Indiana. Its purpose is to prevent conflicts, simplify the transfer process, and provide clear evidence of the transferor's intent for the surviving joint tenant(s) to inherit the property. By properly completing and filing this document, beneficiaries can avoid the often lengthy and costly probate process, ensuring a smoother transition of property rights.
