Having a joint account can seem like a smart idea. But it doesn’t entirely seem like the wisest idea. After all, if one party dies, what happens to the other party?
This is where an affidavit of death of joint tenant comes in handy.
This legal document provides instructions for how joint owners will proceed moving forward.
Obtain the Necessary Forms
To handle an affidavit of death of a joint tenant, it is important to obtain the necessary forms. Depending on the situation, these forms may include an affidavit from the surviving joint tenant, a copy of the death certificate, an estate affidavit, or a property deed where the property is jointly owned.
It is important to fill out and sign each form and gather all necessary documents and evidence needed. Once gathered, submit the forms and documents to the appropriate local, state, or federal offices to prove that the death of the joint tenant has occurred.
This process varies depending on the jurisdiction. Once all documents and forms have been submitted and processed, the survivor can obtain the title or ownership of the appropriate property in their name. If you are not sure how to start with this, it helps to look into this page on Joint Tenants explained.
Gather Required Documentation
Gathering the necessary documentation to complete the process can be daunting. Initially, the document must be completed and signed by a notary public and include necessary information such as the:
- Names of the joint owners
- Addresses of the joint owners
- Date of death of a joint tenant
- Legal description of the property
Additionally, a death certificate and proof of the joint tenant’s name on the property deed must be obtained. A court order of administration may also be necessary under some probability. If the tenant held a will or trust, you will need to obtain a copy of those documents as well.
Record the Affidavit
When a joint tenant dies, the surviving joint tenant must record an affidavit of death of the joint tenant with the applicable county records office. The surviving joint tenant must obtain an affidavit of death from the executor, personal representative, or administrator of the deceased’s estate.
Before filing the affidavit, the joint tenant must obtain from the executor an original or certified copy of the death certificate as proof of the joint tenant’s death. Print the affidavit of death and complete it accurately according to all instructions. Then file the affidavit in the respective county records office, including a fee.
Notarize the Affidavit
To notarize the affidavit, the document must be properly filled out and signed by both the surviving tenant and the notary. Furthermore, the document must clearly state that the surviving tenant intends to assume all rights of the deceased tenant and the sole responsibility for the property.
The notary must verify the identity of the signatories, witness the signing of the document, and affix their signature and notary seal. Once all of these steps have been taken, the affidavit will become legally binding and the survivor will assume the rights of the deceased joint tenant.
Understand How Affidavit of Death of Joint Tenant Works
It is important to be aware that the death of a joint tenant affects the survivor’s rights to the property. If you find yourself in this situation, seek legal advice and learn how to handle an affidavit of death of joint tenant correctly according to the laws of your state.
