Lee County Affidavit of Surviving Joint Tenant Form

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

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

Lee 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
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Additional Alabama and Lee County documents included at no extra charge:
Where to Record Your Documents
Probate Office: County Courthouse
Opelika, Alabama 36801
Hours: 8:30 to 4:30 M-F Central Time
Phone: 334-737-3670
Auburn Satellite Office
Auburn, Alabama 36830
Hours: 8:30 to 4:30 M-F
Phone: 334-737-7297
Smiths Station Satellite Office
Smiths Station, Alabama 36877
Hours: 9:00 to 4:30 M-F
Phone: 334-448-3299
Recording Tips for Lee County:
- Ensure all signatures are in blue or black ink
- Bring your driver's license or state-issued photo ID
- Verify all names are spelled correctly before recording
- Leave recording info boxes blank - the office fills these
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Lee County
Properties in any of these areas use Lee County forms:
- Auburn
- Auburn University
- Cusseta
- Loachapoka
- Opelika
- Phenix City
- Salem
- Smiths Station
- Valley
- Waverly
Hours, fees, requirements, and more for Lee County
How do I get my forms?
Forms are available for immediate download after payment. The Lee 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 Lee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lee 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 Lee 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 Lee County?
Recording fees in Lee County vary. Contact the recorder's office at 334-737-3670 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 Lee 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 Lee County.
Our Promise
The documents you receive here will meet, or exceed, the Lee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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