Alabama Affidavit for Transferring Property After Death in Joint Tenancy with Right of Survivorship by Surviving Tenant when one Tenant Is Deceased

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Multi-State
Control #:
US-OG-003
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Word; 
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This Affidavit form is used to evidence that one of the tenants to a joint tenancy is deceased. It can be used to put the deed in only the surviving tenant's name.

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How to fill out Affidavit For Transferring Property After Death In Joint Tenancy With Right Of Survivorship By Surviving Tenant When One Tenant Is Deceased?

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FAQ

Joint Ownership Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together.

The process for transferring Alabama real estate by deed involves several steps:Find the most recent deed to the property.Create the new deed.Sign and notarize the deed.Record the signed, notarized original deed with the Office of the Judge of Probate.

Alabama does not allow real estate to be transferred with transfer-on-death deeds.

The effect on death of one of the owners where the property is owned as joint tenants is that their share automatically passes to the surviving owners. This is regardless of whether there are Wills in place or not.

In Alabama, survivorship deeds are sometimes used for ownership among multiple property owners. Following the death of one of the owners, a survivorship deed passes ownership on to the surviving owner automatically, by operation of law, without the need for probate.

If one of the co-owners dies, his share in the property does not pass to the other co-owners but to the person named in the will of the deceased. The inheritor becomes a tenant-in-common with the other surviving co-owners. This is usually when siblings pool money to buy property.

For the person who dies, their share of the property passes to the surviving joint owner automatically on their death. If however the property is owned as tenants in common, then the deceased's share of the property will pass in accordance with their Will or under the rules of intestacy if they have not made a Will.

Alabama courts have characterized the tenancy in common with right of survivorship as creating concurrent life estates with cross-contingent remainders in fee; or a tenancy in common for life with a contingent remainder in favor of the survivor. In a life estate remainder ownership scheme, the full interest cannot be

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Alabama Affidavit for Transferring Property After Death in Joint Tenancy with Right of Survivorship by Surviving Tenant when one Tenant Is Deceased