Montgomery County Affidavit of Surviving Joint Tenant Form

Last validated April 6, 2026 by our Forms Development Team

Montgomery County Affidavit of Surviving Joint Tenant Form

Montgomery County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 4/6/2026
Montgomery County Affidavit of Surviving Joint Tenant Guide

Montgomery County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.

Document Last Validated 3/20/2026
Montgomery County Completed Example of the Affidavit of Surviving Joint Tenant Document

Montgomery County Completed Example of the Affidavit of Surviving Joint Tenant Document

Example of a properly completed form for reference.

Document Last Validated 4/1/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Judge of Probate: Records & Recording

Address:
Courthouse Annex III - 101 South Lawrence St
Montgomery, Alabama 36104

Hours: 8:00 to 5:00 M-F

Phone: (334) 832-1236 or 1237

Recording Tips for Montgomery County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Double-check legal descriptions match your existing deed
  • Recording fees may differ from what's posted online - verify current rates
  • Request a receipt showing your recording numbers

Cities and Jurisdictions in Montgomery County

Properties in any of these areas use Montgomery County forms:

  • Cecil
  • Grady
  • Hope Hull
  • Lapine
  • Mathews
  • Montgomery
  • Mount Meigs
  • Pike Road
  • Pine Level
  • Ramer

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Montgomery County

How do I get my forms?

Forms are available for immediate download after payment. The Montgomery 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 Montgomery County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Montgomery 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 Montgomery 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 Montgomery County?

Recording fees in Montgomery County vary. Contact the recorder's office at (334) 832-1236 or 1237 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 Montgomery 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 Montgomery County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Montgomery 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 Montgomery 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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