An Affidavit of Survivorship is a legal document that can be used to claim property that you co-own with a person who has died.
You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you. The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent.
Documents you may need to provide Proof of the worker's death; Birth certificate or other proof of birth; Proof of U.S. citizenship or lawful alien status if you were not born in the United States More Info; U.S. military discharge paper(s) if you had military service before 1968;
A survivorship affidavit can only be used if two or more people are listed as owners and one of them is deceased. It is filed by the surviving party to remove the deceased owner.
In non-community-property states, a formal right of survivorship agreement or deed is required to give a spouse survivorship rights. You'll need to request the form from your county clerk or draft a document detailing the following about the property: Whether right of survivorship exists.
An Affidavit of Survivorship is a sworn oath in the form of a legal document. Within this document, a surviving owner of a jointly-owned property states they have rights of survivorship to the property.
The “Affidavit of Continuous Marriage” provides proof that the Tenancy by the Entireties of the couple was valid through the time of death of the deceased spouse, and may defeat any liens that may attach if filed against only one spouse. Such liens may include judgments, child support liens or tax liens and warrants.