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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. If you own joint property with someone who has since passed away an Affidavit of Survivorship helps you invoke your legal rights and take full ownership of the property.
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).
Under Florida law, when you add the words ?right of survivorship? to a joint tenancy, that means full title to the real estate goes to the owner that survives the death of the other(s). The ?survivor? of the joint owners automatically owns 100% of the asset when the other joint owner (or owners) passes away.
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.