Cullman County Affidavit of Surviving Joint Tenant Forms (Alabama)
Express Checkout
Form Package
Affidavit of Surviving Joint Tenant
State
Alabama
Area
Cullman County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Cullman County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/7/2024
Affidavit of Surviving Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 12/25/2023
Completed Example of the Affidavit of Surviving Joint Tenant Document
Example of a properly completed form for reference.
Included document last reviewed/updated 12/12/2023
Included Supplemental Documents
The following Alabama and Cullman County supplemental forms are included as a courtesy with your order.
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 Cullman 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?
Forms are NOT emailed to you. Immediately after you submit payment, the Cullman 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Cullman 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 Cullman County that you need to transfer you would only need to order our forms once for all of your properties in Cullman County.
Are these forms guaranteed to be recordable in Cullman County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cullman 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:
- Cullman County
Including:
- Baileyton
- Bremen
- Crane Hill
- Cullman
- Garden City
- Hanceville
- Holly Pond
- Joppa
- Logan
- Vinemont
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.
(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 Cullman 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 Cullman 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.
Reviews
4.8 out of 5 (4323 Reviews)
Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Mitchell S.
April 25th, 2024
This service was very helpful, quick, inexpensive and easy to use. Should I ever need it again, I know right where to go.
We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.
alex b.
February 16th, 2021
I appreciate the very quick response that I received and I am very impressed with the access that you provide to records. I'm still in the process of trying to find out what's there but that will take a bit of time. All in all, you are to be commended for a first class operation.
Thank you!
Cecelia S.
July 31st, 2021
I was looking for a copy of my deed and was able to complete the request and get copy fast.
Thank you!
Idiat A.
January 20th, 2023
Service was fast and easy to use. But let documents appear clearer next time.
Thank you for your feedback. We really appreciate it. Have a great day!
David B.
December 23rd, 2021
I found the information very helpful.
Had problems producing a professional looking document due to the limited active fields on the PDF form. Finally I just typed it.
Thank you!
Carlene J.
August 12th, 2021
Great way to do business with Dc Government! I submitted my documents and received everything back and approved on the same day! No wait , no line! Lol
Thank you for your feedback. We really appreciate it. Have a great day!
Cynthia S.
April 6th, 2021
Great service got everything I needed with a click of a tab.
Thank You...
Thank you for your feedback. We really appreciate it. Have a great day!
Lindsey W.
March 7th, 2019
The service was great but after I did all my work and uploaded the documents they canceled my stuff because the county they had on the list doesnt take/or have set up e-recording yet. It was a bit disappointing because thats the only reason I was on here is because it brought me here from that countys sight.
Thank you for your feedback, sorry we were not able to provide the service for you. Hope you have a great day.
John C.
December 1st, 2020
Great site and information. Very useful.
Thanks John, we appreciate your kind words.
Dawn M.
October 26th, 2020
So helpful and quick! The response time and kindness was amazing! The steps were easy to follow as well. We will definitely be using Deeds.com in the future!
Thank you for your feedback. We really appreciate it. Have a great day!
Scott W.
February 5th, 2024
Quick and simple.
Thank you!
Phyllis M.
August 3rd, 2019
Using your site was very easy. I found what my friend said she wanted easily and downloaded it to retype her quitclaim deed.
Thank you for your feedback. We really appreciate it. Have a great day!
Karen S.
October 19th, 2021
Deeds.com made everything easy, with instructions and samples it was simple to fill out the forms. I loved that it was county specific.
Thank you for your feedback. We really appreciate it. Have a great day!
Legal Forms Disclaimer
Use of Deeds.com Legal Forms:On our Site, we provide self-help "Do It Yourself Legal Forms." By using a form from our Site, you explicitly agree to our Terms of Use. You acknowledge and agree that your purchase and/or use of a form document does not constitute legal advice nor the practice of law. Furthermore, each form, including any related instructions or guidance, is not tailored to your specific requirements and is not guaranteed or warranted to be up-to-date, accurate, or applicable to your individual circumstances.
NO WARRANTY:The Do It Yourself Legal Forms provided on our Website are not guaranteed to be usable, accurate, up-to-date, or suitable for any legal purpose. Any use of a Do It Yourself Legal Form from our website is undertaken AT YOUR OWN RISK.
Limitation of Liability:If you use a Do It Yourself Legal Form available on Deeds.com, you acknowledge and agree that, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE.
Damage Cap:In circumstances where the above limitation of liability is prohibited, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE CAPPED AT $100.00.