Madison County Affidavit of Surviving Joint Tenant Form
Last validated August 4, 2026 by our Forms Development Team
Madison County Affidavit of Surviving Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.

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

Madison 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 Madison County documents included at no extra charge:
Where to Record Your Documents
Madison Probate Office
Huntsville, Alabama 35801
Hours: 8:30 to 4:30 M-F
Phone: (256) 532-3339
Recording Tips for Madison County:
- Check that your notary's commission hasn't expired
- Double-check legal descriptions match your existing deed
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Madison County
Properties in any of these areas use Madison County forms:
- Brownsboro
- Gurley
- Harvest
- Hazel Green
- Huntsville
- Madison
- Meridianville
- New Hope
- New Market
- Normal
- Owens Cross Roads
- Ryland
- Toney
Hours, fees, requirements, and more for Madison County
How do I get my forms?
Forms are available for immediate download after payment. The Madison 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 Madison County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Madison 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 Madison 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 Madison County?
Recording fees in Madison County vary. Contact the recorder's office at (256) 532-3339 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 Madison 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 Madison County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Madison 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 Madison 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 - ( 4768 Reviews )
Ginger L.
May 29th, 2022
Excellent full set of documents with example and guidelines on how to do it ourselves without paying a lawyer. Or, we save legal fees by completing it ourselves and having a lawyer review it. Love that I can save the pdf and fill it out whenever I want. Thank you for having this available!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Andrew F.
May 25th, 2020
Must admit, I have not really had the chance to search site. Seems to be able to provide good info.
Thank you!
charles b.
July 21st, 2024
The product I needed was available, easy to download, access and complete. The instructions were very helpful. I had previously purchased another product which was terrible. I highly recommend Deeds.com
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert H.
December 2nd, 2021
I was surprised that how comprehensive your website is. I quickly found what I was looking for, and it was just what I needed.
Thank you!
Gail J.
November 23rd, 2021
Great! Got the document I needed
Thank you for your feedback. We really appreciate it. Have a great day!
Maria F.
June 26th, 2020
Easy forms to follow. Thank you for this service. You can even file them through e-filing. Great service. Thanks. Maria F.
Thank you!
raymond w.
February 24th, 2022
answeed many questions I had.
Thank you!
Rita M.
January 12th, 2019
I have not received the deed via email. That is what I was expecting. Let me know if I am incorrect in my thinking.
Thanks for reaching out. While we do send some email notifications, we do not email documents. All orders are available via your account. You can log into your account from the menu button at the top left of most pages on the website.
Jules S.
May 6th, 2020
I can't believe I haven't been using this service since inception. The only thing I would recommend is to allow us to delete an erroneous upload. I accidentally uploaded the same document twice but I saw no way for me to correct my mistake other than to send an email.
Thank you for your feedback. We really appreciate it. Have a great day!
Scott P.
March 15th, 2021
The site was easy to use and find what I needed. The purchase and download were very easy.
Thank you!
diana c.
February 24th, 2022
quick and easy, thankyou
Thank you!
frederic m.
January 1st, 2021
surprisingly good, gave me all the info I needed to prepare a deed and necessary attachments for recording.
Thank you!
Linda W.
June 24th, 2019
Very easy to use. They had the exact document I was looking for.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
David P.
August 8th, 2019
Easy to use, all the information I wanted. Took about a minute to get it.
Thank you for your feedback. We really appreciate it. Have a great day!
Eleanor W.
April 7th, 2019
I haven't taken the forms to our county clerk for recording yet so not sure they contain all needed information in the order needed but forms were easy to read, easy to save and with well documented instructions available. Thank you
Thank you for your feedback. We really appreciate it. Have a great day!