The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.
The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.
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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.
A legal survivorship agreement, as defined in Texas Estates Code 112.051, is a legally binding document that establishes the right of survivorship among co-owners of real estate.
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.
Submitting an Affidavit At the time of recording, present the completed affidavit (see below), a certified copy of the death certificate and a Preliminary Change of Ownership Report, which is also available at RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, as well as the County Assessor's offices.
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).