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.
A valid Affidavit of Death requires the affiant to have personal knowledge of the deceased. Detailed identification of the deceased, the affiant's relationship with them, and the reason for the affidavit's execution should be clearly stated. Validation from a Notary Public is essential to certify its legality.
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.
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.
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.
Utah Affidavit of Surviving Joint Tenant Overview Utah's affidavit of survivorship is governed by Section 57-1-5.1 of the Utah code. When lawfully executed and recorded, this document passes title of property held as joint tenants to the survivor(s) after the death of one of them.