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Alabama - Clay County Affidavit of Surviving Joint Tenant Forms

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Form Package
Affidavit of Surviving Joint Tenant
State
Alabama
Area
Clay County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Clay County Affidavit of Surviving Joint Tenant Form Page 1

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 8/8/2022

Clay County Affidavit of Surviving Joint Tenant Guide Page 1

Affidavit of Surviving Joint Tenant Guide - Clay County

Line by line guide explaining every blank on the form.
Included document last updated 9/14/2022

Clay County Completed Example of the Affidavit of Surviving Joint Tenant Document Page 1

Completed Example of the Affidavit of Surviving Joint Tenant Document - Clay County

Example of a properly completed form for reference.
Included document last updated 7/22/2022

Included Supplemental Documents

The Following Alabama and Clay County supplemental forms are included as a courtesy with your order.


RT-1 Form (Alabama Document)


Certificate of Acknowledgment - Individual (Alabama Document)


Certificate of Acknowledgment - Representative (Alabama Document)


Homestead Information (Alabama Document)


State and County Homestead Chart (Alabama Document)


Non-Resident Form NR-AF1 (Alabama Document)


Non-Resident Form NR-AF2 (Alabama Document)


Non-Resident Form NR-AF3 (Alabama Document)


Non-Resident Form WNR (Alabama Document)


Non-Resident Form WNR-V (Alabama Document)


Principal Residence Exemptions from Property Tax (Alabama Document)


Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Alabama or Clay 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.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the Clay County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our Clay 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.
  • 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 Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
  • Are these forms guaranteed to be recordable in Clay County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Surviving Joint Tenant Forms:

  • Clay County

Including:

  • Ashland
  • Cragford
  • Delta
  • Hollins
  • Lineville
  • Millerville

What is the Alabama Affidavit of Surviving Joint Tenant?

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.

Our Promise

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.

Save Time and Money

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 and local jurisdictions.

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