Alabama Affidavit Of Surviving Joint Tenant

State:
Alabama
Control #:
AL-001-05-CP
Format:
Word; 
Rich Text
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Description

The Alabama Affidavit of Surviving Joint Tenant is a legal document used to assert the rights of a surviving joint tenant regarding property ownership after the death of the co-tenant. This form highlights key features such as the identification of the decedent, the remaining joint tenant, and the property in question. It provides a clear declaration of the surviving tenant's right to ownership without the need for probate proceedings, streamlining the transfer process. Filling out this affidavit requires the surviving tenant to provide pertinent information, including names and addresses, and to ensure it is signed in the presence of a notary public. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who handle estate planning and property transfers, as it simplifies legal procedures related to joint tenancy. Given its straightforward nature, the form enables users with minimal legal experience to understand and complete it effectively. It serves to protect the rights of surviving joint tenants and facilitate property ownership transitions efficiently.

How to fill out Alabama Affidavit?

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FAQ

For the person who dies, their share of the property passes to the surviving joint owner automatically on their death. If however the property is owned as tenants in common, then the deceased's share of the property will pass in accordance with their Will or under the rules of intestacy if they have not made a Will.

Filing the affidavit clears the title, but the only way to remove the deceased joint tenant's name from the deed is for the survivors to execute and record a new deed. This instrument should show all joint tenants as grantors, with the decedent appropriately identified, and only the survivors as grantees.

Joint Ownership Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together.

Using an Affidavit of Survivorship to Remove a Deceased Owner from Title. If you are already listed as a co-owner on the prior deedor if you inherited an interest in the property through a life estate deed, transfer-on-death deed, or lady bird deedyou may use an affidavit of survivorship to remove the deceased owner.

Property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property.

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Alabama Affidavit Of Surviving Joint Tenant