Barbour County Affidavit of Surviving Joint Tenant Form (Alabama)

All Barbour County specific forms and documents listed below are included in your immediate download package:

Affidavit of Surviving Joint Tenant Form

Barbour County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Barbour County compliant document last validated/updated 5/20/2025

Affidavit of Surviving Joint Tenant Guide

Barbour County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.
Included Barbour County compliant document last validated/updated 5/19/2025

Completed Example of the Affidavit of Surviving Joint Tenant Document

Barbour County Completed Example of the Affidavit of Surviving Joint Tenant Document

Example of a properly completed form for reference.
Included Barbour County compliant document last validated/updated 4/23/2025

When using these Affidavit of Surviving Joint Tenant forms, the subject real estate must be physically located in Barbour County. The executed documents should then be recorded in the following office:

Judge of Probate: Recording Dept.

303 E Broad St, Suite 101, Eufaula, Alabama 36072-0758

Hours: Monday through Friday 9:00 am until 4:30 pm

Phone: 334-687-1530

Local jurisdictions located in Barbour County include:

  • Clayton
  • Clio
  • Eufaula
  • Louisville

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Barbour County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Barbour County using our eRecording service.
Are these forms guaranteed to be recordable in Barbour County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Barbour County including margin requirements, content requirements, font and font size requirements.

Can the Affidavit of Surviving Joint Tenant forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Barbour County that you need to transfer you would only need to order our forms once for all of your properties in Barbour County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or Barbour County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Barbour County Affidavit of Surviving Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Alabama law allows two or more people to share title to real property as either tenants in common or as joint tenants. One aspect of joint tenancy in many states is the right of survivorship, which causes the shares of a deceased co-owner to be distributed amongst the surviving owners as a function of law, without the need for probate.

In Alabama, however, when "one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained [as with tenancy in common]; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument." (ALA CODE 35-4-7). To restate this more simply, Alabama joint tenancy functions like a tenancy in common (separate shares of the whole) unless the intent for survivorship is clearly stated in the text of the deed.

Assuming the intent for survivorship is established and a co-owner dies, how does a surviving joint tenant make the redistribution official? At minimum, the living co-owner should record a copy of the deceased owner's death certificate. For more clarity, though, include the death certificate with an affidavit that contains the relevant details about the property transaction where the joint tenants gained title to the real estate in question.

Section 35-4-69 of the Alabama Code explains that affidavits "heretofore recorded or that may hereafter be recorded showing the relationship of parties or other persons to conveyances of lands, the relationship of any parties to any conveyances with other parties whose names are shown in the chain of title to lands ... and affidavits stating any other fact or circumstance affecting title to land or any right, title, interest in or lien or encumbrance upon land, when so recorded, the record of said affidavits shall be notice of the facts therein recited; and any such affidavit may be made by any person whether connected with the chain of title or not. This section shall apply to affidavits heretofore or hereafter made whether the same were made in connection with any particular transaction or merely to perfect title to land." Because an affidavit made under oath, it is admissible as evidence. Recording it along with the death certificate provides formal notice of the redistribution of the deceased owner's portion of the property rights.

It is essential for owners of real property to maintain a clear chain of title (ownership history), and recording an affidavit to verify changes such as the death of a co-owner is an effective way to accomplish this. A clear chain of title is important because it will help to simplify future sales of the real estate. Filing the affidavit clears the title, but the only way to remove the deceased joint tenant's name from the deed is for the survivors to execute and record a new deed. This instrument should show all joint tenants as grantors, with the decedent appropriately identified, and only the survivors as grantees. A certified copy of the recorded affidavit should accompany the new deed; other required supporting documents may vary from county to county.

(Alabama Affidavit of Surviving Joint Tenant Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Barbour County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Barbour County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4562 Reviews )

MARY LACEY M.

June 30th, 2025

Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Robert F.

June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Pauline C.

June 29th, 2025

Everything that was stated to be included in my order was complete. Very satisfied

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Linda C.

February 23rd, 2019

If I hadn't spent my career as an escrow officer (albeit in another state), I may have had a hard time figuring out exactly which deed I needed and how to prepare them, even with the back-up informational, how-to pdf documents, without an attorney. My experience speaks to how much the general public doesn't understand and how confusing it can be. Nonetheless, the access to so many documents at a fairly reasonable cost, the basic how-to docs made available along with the purchased doc makes all the difference. I appreciate having such things available to the public. Many thanks.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

James J.

December 27th, 2019

Downloaded and used the Ladybird Warranty Deed for a county in Florida with no issues. Cost for the download and subsequent recording fee of the deed totaled less than $40. No reason to pay hundreds. I assume the subsequent transfer upon death will go smoothly, but I of course, will never know. The "example" of a completed form was very beneficial. Also, get a copy of the current deed and make sure legal description of real estate is exactly the same on the new deed.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Jayne S.

August 24th, 2023

Very prompt and excellent service!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Beatrice V.

August 27th, 2020

I was in despair as I needed to file two (2) very important documents with the County. Due to Covid the office was closed and my only recourse was to E-Fie with a service provider. I was fortunate enough to hear about Deeds.com. They were specific, courteous, patient and most of all productive. My documents will take awhile for the final filing but that is because the County happens to have a slow turn around time. Otherwise, I am now relieved that this part is over. Thank you Deeds.com. You are awesome.

Reply from Staff

Thank you for the kinds words Beatrice.

Jane B.

December 20th, 2020

Easy to use,thanks

Reply from Staff

Thank you!

Qingqiu H.

May 14th, 2022

I ordered the wrong forms at first because I'm an idiot and didn't do my research. When I told the customer service about my error they were understanding.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Martin L.

February 26th, 2024

Deeds.com is a lifesaver! They are fast and not too expensive. I highly recommend them!

Reply from Staff

Recognizing the value of your feedback helps us to enhance our services continually. Thank you for sharing your experience with us.

MARK S.

February 28th, 2020

I filed my beneficiary deed today and it went off without a hitch. I really appreciated the guidelines and the example that came with the form
The guide lines cleared up some questions I had regarding tenancy by the entirety which I had been trying to figure out.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

John W.

September 30th, 2020

You charge too much for a form. Your business model is shortsighted. I would not try to use your service again. You got $20 from me this once, but I would try very hard to not use your service again. Your model does not encourage serial or professional usage.

Reply from Staff

Thank you for your feedback John. We do wish that you had decided our product was too expensive prior to purchasing and using so that there was no remorse. Have a wonderful day.

Meredith B.

January 5th, 2021

Clean and easy process. Super attentive and helpful.

Reply from Staff

Thank you!

john t.

November 1st, 2019

it worked well and printed out well.

Reply from Staff

Thank you!

Pamela L.

November 10th, 2019

The packet was very comprehensive and easy to use (I had just one question that wasn't clearly explained). II appreciate that the forms are kept up to date.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!