Lauderdale County Affidavit of Surviving Joint Tenant Forms (Alabama)
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Form Package
Affidavit of Surviving Joint Tenant
State
Alabama
Area
Lauderdale County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Lauderdale 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 Lauderdale 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 Lauderdale 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 Lauderdale 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 Lauderdale 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 Lauderdale County that you need to transfer you would only need to order our forms once for all of your properties in Lauderdale County.
Are these forms guaranteed to be recordable in Lauderdale County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lauderdale 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:
- Lauderdale County
Including:
- Anderson
- Cloverdale
- Florence
- Killen
- Lexington
- Rogersville
- Waterloo
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 Lauderdale 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 Lauderdale 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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October 22nd, 2023
The forms, and other information, are all excellent.\r\nI would be giving a 5-star review if it were not for the fact that downloading a \"bundle\" about quitclaim deeds required I download every single file independently (15 files). I would far prefer a zip file, or one click to download the whole pile of independent files.
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January 22nd, 2019
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September 8th, 2021
This does the job but we are not able to save this in our account and if you don't pay for Adobe and only have Adobe reader, I cannot save any information on the form online in my account. I do understand why they do this because they would lose money. A huge issue is that when I got to the end of the document and was adding an Exhibit A, as I typed, the page kept jumping back up the to top and I couldn't see what I was typing. I had to type a little then scroll back down and when I would type more, it would jump up again. This was a real problem.
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John B.
July 15th, 2021
I bought a Quitclaim Deed package for Fayette County, Kentucky, to transfer my house into a Living Trust that I had set up previously. Creating my Quitclaim Deed was pretty straightforward, using the form, the instructions, and the sample Quitclaim Deed. I signed my Quitclaim Deed at a nearby Notary Public, then took it to the Fayette County Clerk's office to be recorded. The clerk there asked me to make two small changes to the Quitclaim Deed, which she let me do in pen on the spot:
* In the signature block for the receiver of the property, filled in "Capacity" as "Grantee as Trustee ______________________________ Living Trust".
* In the notary's section, changed "were acknowledged before me" to "were acknowledged and sworn to before me".
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DONALD S.
March 11th, 2020
Using the Administrators Deed, pay attention to "Exhibit A". The blank will allow you to type a full legal description BUT it will not save it. Use "Exhibit A" to type the legal description.
The form was great and I filed it this morning with no problems.
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July 29th, 2020
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September 12th, 2019
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November 19th, 2020
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November 14th, 2019
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November 18th, 2019
Your service is a life saver! I'm a paralegal and new to lien releases especially in Platte Co., MO. The clerk was not helpful and I so appreciate your service in accomplishing this very important task!!
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Julie L.
April 3rd, 2019
Great documents! with complete instructions and the CTC as well. I work with a lot of recordings and transfers, this is a great comprehensive set..
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Michele J.
July 27th, 2020
I found a typo.
It would be good to list the documents an individual needs to fill out the form.
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