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Affidavit of Surviving Joint Tenant Form - Clay County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/19/2020
Affidavit of Surviving Joint Tenant Guide - Clay County
Line by line guide explaining every blank on the form.
Included document last updated 1/30/2020
Completed Example of the Affidavit of Surviving Joint Tenant - Clay County
Example of a properly completed form for reference.
Included document last updated 2/4/2020
*The Following Alabama and Clay County supplemental forms are included as a courtesy with your order.
RT-1
This is a required form due at the time of filing. The form, called the "Real Estate Sales Validation Form" and labeled "Form RT-1," is to be signed by the grantor, grantee, owner or agent, and requires, in addition to other basic information, the total purchase price, the actual value, or the assessor's market value of the property.
Non-Resident Withholding Forms
The forms included at the end of this package are for non-resident transfers, which include individuals, trusts, partnerships, corporations, limited liability companies, limited liability partnerships, and unincorporated organizations. The package includes all the information and forms that the State of Alabama requires regarding a non-residence transfer of real property. Forms in package must be printed before filling in. The individual forms are the same as those in the package, but can be filled out before printing.
Alabama Homestead Exemptions
H1 Homestead Exemption 1 is available to all citizens of Alabama who own and occupy single-family residences, including manufactured homes, as their primary residences and use their property for no other purposes. The amount of the exemption is $4,000 in assessed value for State taxes and $2,000 in assessed value for County taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Clay 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.
The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.7 out of 5 (1157 Reviews) February 20th, 2020
Name: Michael M.
Review: Thanks worked out great as the form was perfect and no problems filing it with the county.
Reply from Staff on February 20th, 2020
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February 20th, 2020
Name: RICK M.
Review: great
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February 19th, 2020
Name: Patsy B.
Review: This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!
Reply from Staff on February 19th, 2020
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February 19th, 2020
Name: Shellie J.
Review: Documents are great and easy to use, just wish there was a page helping to know where to mail documents to with an amount since it tells you mailing in is an option.
Reply from Staff on February 19th, 2020
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February 17th, 2020
Name: Doris P.
Review: Easy to understand and fill out Beneficiary Deed, but when I tried to download finished form, it disappeared! Luckily I had printed it first and had to fill out again.
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February 16th, 2020
Name: Mercedes B.
Review: Great site. It lets your fingers do the walking. It took me half a day to get deed info a couple of years ago. Thanks Deeds.com
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February 15th, 2020
Name: Anthony L.
Review: I recently needed an affidavit of death. The form and help tools made it easy to fill out and file. the Recorder accepted this form . Which made the experience painless and easy . All things considered..
Reply from Staff on February 15th, 2020
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February 14th, 2020
Name: Sherilyn L.
Review: Easy to use & cost is great Thank you
Reply from Staff on February 14th, 2020
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February 13th, 2020
Name: Sol B.
Review: Got me all the info I was looking for Thanks you deeds.com
Reply from Staff on February 14th, 2020
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February 13th, 2020
Name: ANGELA S.
Review: My E-deed was not excepted by the county, so I had to snail mail the documents to the recorders office. Will probably not use this site again, as it did not fulfill my purpose, but would recommend to those who do not have complicated forms.
Reply from Staff on February 13th, 2020
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