Henry County Affidavit of Surviving Joint Tenant Form

Henry County Affidavit of Surviving Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.

Henry County Affidavit of Surviving Joint Tenant Guide
Line by line guide explaining every blank on the form.

Henry County Completed Example of the Affidavit of Surviving Joint Tenant Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Alabama and Henry County documents included at no extra charge:
Where to Record Your Documents
Henry County Courthouse
Abbeville, Alabama 36310
Hours: 8:00am to 4:30pm M-F
Phone: (334) 585-3257
Headland Municipal Complex
South Headland, Alabama 36345
Hours: Thursdays only 8:30 to 3:00
Phone: Call main office
Recording Tips for Henry County:
- Documents must be on 8.5 x 11 inch white paper
- Request a receipt showing your recording numbers
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Henry County
Properties in any of these areas use Henry County forms:
- Abbeville
- Clopton
- Headland
- Newville
- Shorterville
Hours, fees, requirements, and more for Henry County
How do I get my forms?
Forms are available for immediate download after payment. The Henry 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 Henry County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Henry 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 Henry 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 Henry County?
Recording fees in Henry County vary. Contact the recorder's office at (334) 585-3257 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 Henry 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 Henry County.
Our Promise
The documents you receive here will meet, or exceed, the Henry 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 Henry 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 )
Gail M.
October 27th, 2022
Great website. Once submit payment documents are immediately emailed, easy to print and clear format. Will definitely use again!
Thank you for your feedback. We really appreciate it. Have a great day!
Alice L.
October 21st, 2021
County accepted Quit Claim Deed without any issues! Saved money using Deeds.com - thank you!!!!
Thank you for your feedback. We really appreciate it. Have a great day!
Mary D. B.
May 11th, 2023
BIG THANK YOU EXCELLENT WEBSITE
Thank you!
Gloria H.
December 17th, 2020
Very content with the service received. The document was recorded in the city in no time. Will definitely use Deeds.com again in the near future.
Thank you!
Howard N.
March 26th, 2025
I tried several other online sites for lady bird deed. The county said they didn't contain the correct information. The form from Deeds.com was the right one. Thank you Howard Nielsen
Thank you for your positive words! We’re thrilled to hear about your experience.
Thomas G.
December 16th, 2019
fast and easy
Thank you!
THEODORE P.
August 28th, 2024
You were very helpful and patient with me in learning your portal. I now understand your process.
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Stacey H.
October 23rd, 2024
This was my first time using Deeds.com and I was very impressed on the professionalism and the expediency of the recording. Will definitely be using them again. Stacey H.
Your satisfaction with our services is of utmost importance to us. Thank you for letting us know how we did!
William S.
June 26th, 2022
The forms worked well for entering information. I have finished without much trouble. Since the forms are Adobe PDF files you need the free app to use them but you can't edit unless you have the paid Adobe program. And, it was a reasonable price.
Thank you for your feedback. We really appreciate it. Have a great day!
Anne J.
September 25th, 2023
I could not be happier with the service. Shortly after I uploaded my documents, my package was prepared and invoiced. It was only minutes before the document was recorded with the County I selected and returned to me with their seal for download.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Herbert R.
November 12th, 2022
Your website was very helpful. Hopefully, I will have it completed correctly prior to use.
Thank you for your feedback. We really appreciate it. Have a great day!
Michael L.
April 6th, 2022
Thumbs up. Very pleased with service. Easy process.
Thank you!
David O.
March 5th, 2024
I had overwhelming emotions taking my deceased wife's name off my condo, so it took me a year to steel myself to submit the form. I filed in Multnomah county, OR which also requires a cover sheet documented here: https://www.multco.us/recording/recording-requirements But, I'm totally happy with the service and quality from Deeds.com getting me what I needed to get this done.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Grace V.
February 29th, 2020
Easy to use
Thank you!
Norma J H.
April 27th, 2022
Your forms have been very helpful. I thank you very much for making them easy to use.
Thank you for your feedback. We really appreciate it. Have a great day!