Alabama Forms

Cherokee County Affidavit of Surviving Joint Tenant Form

Cherokee County Affidavit of Surviving Joint Tenant Form

Cherokee County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/31/2025
Cherokee County Affidavit of Surviving Joint Tenant Guide

Cherokee County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.

Document Last Validated 5/19/2025
Cherokee County Completed Example of the Affidavit of Surviving Joint Tenant Document

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

Example of a properly completed form for reference.

Document Last Validated 7/24/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Judge of Probate: Records Dept.
Address:
260 Cedar Bluff Rd
Centre, Alabama 35960

Hours: 8:00 to 4:00 Monday through Friday

Phone: (256) 927-3363

Recording Tips for Cherokee County:
  • Bring your driver's license or state-issued photo ID
  • Double-check legal descriptions match your existing deed
  • Avoid the last business day of the month when possible
  • Both spouses typically need to sign if property is jointly owned
  • Ask about accepted payment methods when you call ahead

Cities and Jurisdictions in Cherokee County

Properties in any of these areas use Cherokee County forms:

  • Cedar Bluff
  • Centre
  • Gaylesville
  • Leesburg
  • Spring Garden

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Cherokee County

How do I get my forms?

Forms are available for immediate download after payment. The Cherokee County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Cherokee County?

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

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Cherokee County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Cherokee County?

Recording fees in Cherokee County vary. Contact the recorder's office at (256) 927-3363 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Cherokee County to use these forms. Documents should be recorded at the office below.

This Affidavit of Surviving Joint Tenant meets all recording requirements specific to Cherokee County.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee 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 Cherokee 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 - ( 4573 Reviews )

Stephen B.

March 22nd, 2021

5 stars. Licensed to practice law for 25 years in multiple jurisdictions, the most dreaded part of doing what you already know how to do is researching again to make sure the legislatures have not changed the rules while you were doing something else. 22 bucks for this package is one hell of a deal and a real timesaver. Many thanks.

Reply from Staff

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

William P.

April 13th, 2021

Warranty Deed was just what I needed.Easy to complete and accepted by the county.

Reply from Staff

Thank you!

Sonya B.

January 8th, 2022

Easy to order what I needed.

Reply from Staff

Thank you!

Mark M.

October 1st, 2020

So nice to find the forms I was looking for. Great site!! Thanks

Reply from Staff

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

LINDA C.

June 29th, 2020

EASY, FAST, AND CONVENIENT.

Reply from Staff

Thank you!

Ricardo M.

December 30th, 2021

easy to use

Reply from Staff

Thank you!

Ken C.

October 20th, 2020

I did a Beneficiary Deed, package came with all forms and instructions. Recorder accepted first time. Ken C

Reply from Staff

Thank you for your feedback Ken. We really appreciate it.

Carla H.

May 29th, 2020

This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.

Reply from Staff

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

Gjnana D.

April 23rd, 2022

These guidelines and form helped me lot in preparing quit deed to add my spouse's name in tittle property

Reply from Staff

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

Tony W.

May 27th, 2022

I have not completed the forms yet but they appear to be exactly what I need for the purpose they are intended. Thanks

Reply from Staff

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

THOMAS C.

September 16th, 2020

Thank you for the fine, easy to implement service.

Reply from Staff

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

James W.

February 27th, 2021

We were able to find deceased parents' deed.

Reply from Staff

Thank you!

Kimberley H.

July 14th, 2021

This was crazy easy to do...such a fantastic service! Thank you!

Reply from Staff

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

Pamela R.

April 8th, 2022

Thank you for this excellent website. Obtaining appropriate forms was very easy. Thank you!

Reply from Staff

Thank you!

Shelly D.

March 13th, 2020

Excellent

Reply from Staff

Thank you!