Deceased Joint Tenancy Affidavit Form
Definition and meaning
A Deceased Joint Tenancy Affidavit Form is a legal document that serves to affirm the passing of a joint tenant and clarify the transfer of property ownership. It establishes that the decedent owned the property in a joint tenancy arrangement, which typically includes rights of survivorship. This document is crucial for the surviving joint tenant to assert their claim to the property without needing to go through probate.
How to complete a form
Completing the Deceased Joint Tenancy Affidavit Form requires attention to detail and accuracy. Follow these steps:
- Enter your name and address as the Affiant.
- Complete details about the decedent, including their name, date of death, and address.
- Provide a description of the property, including its address and legal description.
- State the total value of the decedent's estate and the specific value of the property.
- Acknowledge any applicable estate taxes that have been settled.
- Sign the affidavit in the presence of a notary public, if required.
Who should use this form
This affidavit is primarily intended for individuals who were joint tenants with the deceased in ownership of specific property. It is useful for:
- The surviving joint tenant who needs to prove their ownership for title insurance.
- Heirs who need to clarify the status of the property following the decedent’s death.
- Individuals involved in estate administration processes.
Key components of the form
The Deceased Joint Tenancy Affidavit Form consists of several important components that must be addressed:
- Affiant Information: Name, address, and relationship to the decedent.
- Decedent Information: Full name, address, and date of death.
- Property Description: Address and legal description of the property in question.
- Estate Value: Reported value of the decedent's estate and property.
- Tax Status: Confirmation of any estate or inheritance taxes paid.
How to fill out Utah Joint Tenancy Affidavit?
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FAQ
When they die, their share in the property will pass in accordance with their will, or if they have no will, in accordance with the intestacy rules. If a co-owner no longer wishes to hold the property as joint tenants, they can sever the joint tenancy.
Where a property is owned as joint tenants, when one of the owners die the property automatically pass to the surviving owner, regardless of what the Will of the deceased owner says. This is known as a 'right of survivorship'. This is the most common way a property is owned by husband and wife or civil partners.
As joint tenants, each person owns the whole of the property with the other. If one co-owner dies, their interest in the property automatically passes to the surviving co-owner(s), whether or not they have a will. As tenants in common, co-owners own specific shares of the property.
HOW DO I RECORD AN AFFIDAVIT? Take a certified copy of the death certificate of the deceased joint tenant and your affidavit to the recorder's office in the county where the real property is located. The recorder's office also requires a Preliminary Change of Ownership Report (PCOR) when filing the affidavit.
The Trustee should include the following information in the notification package:The name of the Grantor and the date that the trust instrument execution date.Contact information for each Trustee, including name, address, county of residence, and phone number.Certified copy of the death certificate of the Grantor.More items...
