Pennsylvania Affidavit of Surviving Spouse or Joint Survivor
Definition and meaning
The Pennsylvania Affidavit of Surviving Spouse or Joint Survivor is a legal document that allows the surviving spouse or joint owner of real estate to confirm their ownership following the death of their partner. This affidavit helps to clarify property rights when a joint ownership exists under a survivorship deed. It essentially serves as proof that the surviving individual is the sole owner of the property after the death of the joint owner.
How to complete a form
Completing the Pennsylvania Affidavit of Surviving Spouse or Joint Survivor involves several important steps:
- Obtain the form: Ensure you are using the most current version of the affidavit.
- Fill in your information: Enter the names of the joint owners as recorded on the survivorship deed.
- Provide details of the deceased: Include the name and date of death of the deceased partner.
- Attach necessary documentation: Include a certified copy of the death certificate.
- Sign the form: Complete the affidavit in the presence of a notary public.
By following these steps, you can ensure that the affidavit is correctly filled out and will function as needed.
Who should use this form
The Pennsylvania Affidavit of Surviving Spouse or Joint Survivor is primarily intended for individuals who were joint owners of property and have experienced the death of one of the owners. This form is particularly useful for surviving spouses or joint owners looking to establish their sole ownership of the property specified in the survivorship deed. Users with little legal experience will benefit from utilizing this form as it simplifies complex legal processes related to property ownership transfer.
Key components of the form
There are several essential components included in the Pennsylvania Affidavit of Surviving Spouse or Joint Survivor:
- Names of joint owners: Full names of both the surviving spouse and the deceased individual.
- Details of the survivorship deed: Information regarding the recorded deed that supports the joint ownership claim.
- Date of death: The exact date the joint owner passed away.
- Signature and notarization: The affidavit must be signed by the surviving spouse and notarized to be legally valid.
These components are vital for establishing the necessary legal proof of ownership.
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FAQ
Proof of Death: 1. Attach an original death certificate (copies are not acceptable) or have the proper portion of Form MV-39 completed by attending physician or funeral director. d. Vehicle insurance information (insurance company name, policy number, effective date and expiration date) if the vehicle is registered.
Joint tenancy is a way of avoiding probate simply by putting the words "joint tenancy" in the title of an asset.If property is owned in joint tenancy, the surviving joint tenant will receive the deceased joint tenant's interest in the property, regardless of what that person's will or trust says about the property.
If the deceased was sole owner, or co-owned the property without right of survivorship, title passes according to his will. Whoever the will names as the beneficiary to the house inherits it, which requires filing a new deed confirming her title. If the deceased died intestate -- without a will -- state law takes over.
In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title deed.
Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, securities, or other valuable property together.
Jointly-owned property.There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
' Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a premarital joint tenancy automatically becomes tenants by the entireties upon marriage.
If the deceased owned real property in NSW as 'joint tenants' with another person, the property will need to be transferred to the surviving joint tenant.You do not need to apply for a grant of probate or letters of administration to transfer property held in joint names.
In cases where a couple shares a home but only one spouse's name is on it, the home will not automatically pass to the surviving pass, if his or her name is not on the title.