Alabama Forms

Etowah County Affidavit of Surviving Joint Tenant Form

Etowah County Affidavit of Surviving Joint Tenant Form

Etowah 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
Etowah County Affidavit of Surviving Joint Tenant Guide

Etowah County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.

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

Etowah 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 Etowah County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Etowah County Probate Office
Address:
800 Forrest Ave, Suite 122 / PO Box 187
Gadsden, Alabama 35901

Hours: 8:00am-5:00pm M-F

Phone: (256) 549-5341

Recording Tips for Etowah County:
  • Check that your notary's commission hasn't expired
  • Make copies of your documents before recording - keep originals safe
  • Ask about accepted payment methods when you call ahead

Cities and Jurisdictions in Etowah County

Properties in any of these areas use Etowah County forms:

  • Altoona
  • Attalla
  • Boaz
  • Gadsden
  • Gallant
  • Rainbow City
  • Walnut Grove

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Etowah County

How do I get my forms?

Forms are available for immediate download after payment. The Etowah 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 Etowah County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Etowah 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 Etowah 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 Etowah County?

Recording fees in Etowah County vary. Contact the recorder's office at (256) 549-5341 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 Etowah 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 Etowah County.

Our Promise

The documents you receive here will meet, or exceed, the Etowah 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 Etowah 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 - ( 4582 Reviews )

VALETA J.

April 15th, 2022

Easy to navigate

Reply from Staff

Thank you!

Diane D.

July 7th, 2021

. I purchased 3 different items yesterday. Truthfully, it was a bit annoying, I could not figure out how to put them in a cart and had to do 3 transactions. I'm in the process of reviewing my purchases. Thank you! .

Reply from Staff

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

Timothy N.

September 21st, 2020

Extremely easy and fast recording of real estate records. I was impressed that it was less than 6 hours from the time I uploaded the document to Deeds.com to receiving confirmation that it was recorded by the county clerk. I would highly recommend this service to save you time and quickly get documents recorded!

Reply from Staff

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

Robyn R.

May 14th, 2020

Deeds.com was so simple and easy to use! My local recorders office is closed due to COVID-19 and their recording said to use Deeds.com. I thought it was going to either be very complicated or very expensive and it was neither!!! The site walked me through step by step and the price of their service was very fair and affordable. They were very timely and efficient and my documents were recorded almost immediately! Thank you Deeds.com!!!

Reply from Staff

Thank you Robyn, glad we could help.

Michael H.

April 8th, 2020

Very responsive and thorough. Glad to have found such a great company for our recording needs.

Reply from Staff

Thank you!

Deborah C.

February 1st, 2019

I would recommend these forms to others.

Reply from Staff

Thank you!

Ann-Margaret G.

August 8th, 2022

Found what I was looking for quickly, no issues. Able to pay & download my forms. Haven't filed them yet so I can't review that process.

Reply from Staff

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

Laura S.

April 21st, 2025

Easy to utilize database and instructions!

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Darrell S.

April 12th, 2020

Easy to follow forms, and the attached go-by and instructions made it easy to complete.

Reply from Staff

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

Jacqueline C.

August 15th, 2019

Was relieved to see your site actually delivered what I paid for.

Reply from Staff

Thank you!

Janet M.

December 17th, 2020

This site is amazing! What a time saver from driving somewhere and standing around waiting.

Reply from Staff

Thank you!

Colleen P.

May 4th, 2020

It was frustrating to get the scans done but that might have been due to a learning curve. After 4 tries they were accepted. I couldn't figure out how to delete or close the failed attempts. Waiting to see if Recorder office has changed the title.

Reply from Staff

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

Abby H.

September 1st, 2020

Purchased the forms to make a deed. They were available immediately as promised. Easy to use. The guide and example was a big help. Will definitely use again if/when needed. Thanks.

Reply from Staff

Thank you Abby, we appreciate you. Have a great day!

Kelly L.

April 15th, 2019

So far so good. Please make the payment method easier after the information has been uploaded and submitted.

Reply from Staff

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

Michael A.

July 5th, 2021

Pleasant experiences. Look forward to future contacts

Reply from Staff

Thank you!