Lee County Affidavit of Surviving Joint Tenant Form
Last validated October 13, 2026 by our Forms Development TeamFormatted for recording in Lee County, for property anywhere in the county: rural and unincorporated areas as well as Auburn, Auburn University, Cusseta, Loachapoka, Opelika, Phenix City, Salem, Smiths Station and 2 more.
- 3 documents included
- Immediate PDF download
- Formatting guarantee

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
Immediate Download • Secure Checkout
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:
- Bring your driver's license or state-issued photo ID
- Ensure all signatures are in blue or black ink
- Ask if they accept credit cards - many offices are cash/check only
- Check that your notary's commission hasn't expired
- Documents must be on 8.5 x 11 inch white paper
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 the applicable formatting requirements used for recording in Lee County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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!
An Alabama Affidavit of Surviving Joint Tenant is used to document the death of a joint owner and establish how title passes when survivorship rights apply. In Alabama, this is especially important because joint tenancy does not automatically include survivorship unless it is clearly stated in the original deed. Without that explicit language, ownership is treated like a tenancy in common, and the deceased owner’s interest may pass through probate instead of to the surviving co-owner. A properly prepared and recorded affidavit helps clarify the chain of title and supports the surviving owner’s interest in the property.
What the Alabama Affidavit of Surviving Joint Tenant does
This affidavit provides sworn evidence that a joint tenant has died and that the surviving joint tenant or tenants are entitled to the deceased owner’s interest when survivorship rights exist. It is typically recorded along with a certified copy of the death certificate to create a clear public record of the change in ownership. While it does not itself transfer title, it supports the transition of interest and helps maintain continuity in the property’s recorded history.
Alabama survivorship rules under Ala. Code § 35-4-7
Alabama law does not presume survivorship in joint ownership. Under Ala. Code § 35-4-7, when one joint tenant dies, their interest does not automatically pass to the surviving joint tenants unless the deed expressly states that the tenancy includes a right of survivorship or uses language showing that intent. Without that language, the ownership is treated as a tenancy in common, and the deceased owner’s share passes according to their estate.
This makes it critical to review the original deed. The affidavit is only effective in supporting survivorship when the required language exists in the instrument that created the joint tenancy.
Execution requirements for an Alabama affidavit
An Alabama Affidavit of Surviving Joint Tenant must be signed by a person with knowledge of the facts, often the surviving joint tenant. Because it is an affidavit, it must be made under oath and acknowledged before a notary public. If the affidavit is recorded, it must comply with Alabama execution standards for instruments affecting land, including acknowledgment requirements (Ala. Code § 35-4-23).
The affidavit should clearly identify the property, the original joint tenants, the deceased owner, and the relevant recording information for the deed under which title was acquired.
Alabama-specific traps that affect title clarity
- Missing survivorship language: If the original deed does not clearly establish a right of survivorship, the affidavit will not create survivorship rights where none exist (Ala. Code § 35-4-7).
- Failure to include death certificate: Recording the affidavit without a certified death certificate may leave the record incomplete or insufficient for title purposes.
- Preparer identification: If recorded, Alabama requires the name and address of the preparer on the document (Ala. Code § 35-4-110).
- Marital-status recital: Alabama may require a marital-status recital for recorded instruments affecting title (Ala. Code § 35-4-73).
- Incomplete property description: The affidavit should include a legal description consistent with the recorded deed to ensure proper indexing.
- Name inconsistencies: Differences between names in the affidavit and the original deed can create confusion in the grantor-grantee index.
- Assuming title is fully updated: Recording the affidavit clarifies the record, but it does not remove the deceased owner’s name from the title. A new deed is typically required to fully update ownership.
Recording process in Alabama
The Alabama Affidavit of Surviving Joint Tenant is recorded with the Judge of Probate in the county where the property is located. Alabama law allows affidavits affecting title to be recorded and treated as notice of the facts stated in them (Ala. Code § 35-4-69). Recording the affidavit, along with a certified death certificate, provides formal notice of the change in ownership interest.
Recording fees apply, and probate offices determine applicable charges under Title 40, Chapter 22. Proper formatting and acknowledgment are important to avoid delays in recording.
Vesting considerations in Alabama
Even when survivorship applies, recording an affidavit alone does not fully update title records. To reflect current ownership clearly, the surviving joint tenant or tenants may execute and record a new deed showing the updated ownership structure. Alabama does not presume survivorship unless expressly stated (Ala. Code § 35-4-7), so the vesting language in the original deed remains critical in determining how ownership passes.
What is included in the download package
The Alabama Affidavit of Surviving Joint Tenant package includes the affidavit form, detailed instructions, and a completed example. It is designed for Alabama probate recording requirements and addresses acknowledgment compliance, property identification, survivorship verification, and proper recording practices to support a clear chain of title.
Important: Your property must be located in Lee County to use these forms. Documents should be recorded at the county recording office listed above.
This Affidavit of Surviving Joint Tenant meets all recording requirements specific to Lee County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Lee County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Lee 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 - ( 4,836 Reviews )
Glenn H. 5 out of 5 stars
Searched online 3 hours until I found Deeds.com, afterwards smooth sailing definitely 5 stars
Thank you for your feedback. We really appreciate it. Have a great day!
Darrell W. 5 out of 5 stars
Fast and easy to use. Nice to have available online.
Thank you for your feedback. We really appreciate it. Have a great day!
Linley S. 5 out of 5 stars
This website is extremely easy to use and provides exactly what is needed to record things. I am very appreciative of this service, especially when I can't get to the court right now due to them being closed due to COVID-19 right now. Thank you!
Thank you Linley, glad we are able to help.
Patricia J. 5 out of 5 stars
No word "Download" so had a little trouble figuring out how to download, but finally figured it out.
Thank you for your feedback. We really appreciate it. Have a great day!
Sara R. 5 out of 5 stars
Worked well for me to create a deed for a house I inherited. It was very thorough and easy to use. I have no experience with the law so I just googled terms I didn't understand and was fine. I also called land records a lot and ended up not needing a lot of the material included, but it was still good to have it.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Dana P. 5 out of 5 stars
Thank you for making a difficult time a little easier. The forms are easy to download and complete and the Guide is very helpful.
Thank you for your feedback. We really appreciate it. Have a great day!
Mike S. 3 out of 5 stars
Overpriced
Thanks Mike. We get it, $27.97 isn't cheap for a lot of people right now. Your Nevada package includes a recorder-ready affidavit, a completed sample, and step-by-step instructions for the state. Expensive, yes. Overpriced, not even close.
Caroline K. 5 out of 5 stars
SIMPLE, THAT IS GOOD
Thank you for your feedback. We really appreciate it. Have a great day!
Virginia M. 5 out of 5 stars
This was the easiest web page ive ever navigated .Found just what i needed fast !
Thank you!
Richard H. 5 out of 5 stars
Thank You! Very informative and helpful!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Carol M. 5 out of 5 stars
worked very well
Thank you for your feedback. We really appreciate it. Have a great day!
Bobby V. 5 out of 5 stars
Great
Thank you!
Anita L. 5 out of 5 stars
Found this site very easy to navigate and customer service very supportive and quickly answers any questions you have regarding forms. Best of all you can get the forms you need and only pay for those forms, not tied to some ongoing fee that you must cancel if you have no further need beyond forms you've already purchased.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Margaret D. 5 out of 5 stars
They deliver!
Thank you!
Robyn R. 5 out of 5 stars
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!!!
Thank you Robyn, glad we could help.