Survivorship Affidavit Form For Name Change
Description
How to fill out Survivorship Affidavit?
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FAQ
Generally, it is not necessary to have a new deed prepared removing the deceased co-owner. When the surviving owner sells the property in the future, the deceased co-owner's interest can be disposed of by providing his or her death certificate to the title company.
Fill out the affidavit completely. Sign the document in front of a notary. Attach a "certified" copy of the death certificate. Also attach a "legal description" of the property to be transferred (a copy of the survivorship deed or transfer on death designation or deed will suffice).
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.
An Affidavit of Survivorship is a sworn statement signed by the surviving owner to verify that the co-owner of the property has passed, and that the property has passed to the surviving owner.
Unless someone co-signed the loan or is a co-borrower with you, nobody is required to take on the mortgage. However, if the person who inherits the home decides they want to keep it and take over responsibility for the mortgage, there are laws in place that allow them to do so.