Wilcox County Affidavit of Surviving Joint Tenant Forms (Alabama)
Express Checkout
Form Package
Affidavit of Surviving Joint Tenant
State
Alabama
Area
Wilcox County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Wilcox 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 Wilcox 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 Wilcox 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 Wilcox 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 Wilcox 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 Wilcox County that you need to transfer you would only need to order our forms once for all of your properties in Wilcox County.
Are these forms guaranteed to be recordable in Wilcox County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wilcox 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:
- Wilcox County
Including:
- Alberta
- Annemanie
- Arlington
- Boykin
- Camden
- Catherine
- Coy
- Furman
- Lower Peach Tree
- Mc Williams
- Oak Hill
- Pine Apple
- Pine Hill
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 Wilcox 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 Wilcox 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.
Reviews
4.8 out of 5 (4323 Reviews)
Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Mitchell S.
April 25th, 2024
This service was very helpful, quick, inexpensive and easy to use. Should I ever need it again, I know right where to go.
We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.
Kelly L.
April 15th, 2019
So far so good. Please make the payment method easier after the information has been uploaded and submitted.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Tanya H.
July 21st, 2020
Could not be happier with deeds.com forms. The guide helped more than one can imagine, great resource.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Richard R.
June 28th, 2022
Kind of expensive for a 3 page item...but I received it pronto and it will fill the bill.
Thank you!
Blanche S.
March 25th, 2022
Thank you I hope I've done it all right!!
Thank you!
Lisa W.
December 19th, 2019
Great E-Service Provider!
Thank you!
Jan H.
October 15th, 2020
This is a great service. It was easy to find and the instructions were complete and easy to follow.
Thank you!
Robert S B.
May 22nd, 2019
I would not have ordered this form had I realised how limited the fields are for details. There is no room for elaboration of terms. The language only allows one grantor and one grantee, and the gender and quantity default construction is a poor choice. Be basic, but leave room for more.
Thank you for your feedback. We really appreciate it. Have a great day!
Donna M.
August 27th, 2021
Very easy to use, found the forms I needed right away. Downloaded and paid for within minutes! Excellent!
Thank you!
richard z.
April 27th, 2022
Great service they had what i need easy to use on printing as soon as you pay you can print also as many copys as you need. i would use this service again
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Stanley S.
September 23rd, 2022
Extremely convenient and easy to execute the document. Instructions and example are very helpful. I have bookmarked the site and will surely use again. 5 stars!!
Thank you!
Ryan P.
October 6th, 2020
It was a pleasant surprise to find out how easy the site was to use! Clear directions! very user friendly!
Thank you!
Dennis M.
November 26th, 2020
Very quick and easy to use. Deeds.com saved me a lot of money!
Thank you!
Legal Forms Disclaimer
Use of Deeds.com Legal Forms:On our Site, we provide self-help "Do It Yourself Legal Forms." By using a form from our Site, you explicitly agree to our Terms of Use. You acknowledge and agree that your purchase and/or use of a form document does not constitute legal advice nor the practice of law. Furthermore, each form, including any related instructions or guidance, is not tailored to your specific requirements and is not guaranteed or warranted to be up-to-date, accurate, or applicable to your individual circumstances.
NO WARRANTY:The Do It Yourself Legal Forms provided on our Website are not guaranteed to be usable, accurate, up-to-date, or suitable for any legal purpose. Any use of a Do It Yourself Legal Form from our website is undertaken AT YOUR OWN RISK.
Limitation of Liability:If you use a Do It Yourself Legal Form available on Deeds.com, you acknowledge and agree that, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE.
Damage Cap:In circumstances where the above limitation of liability is prohibited, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE CAPPED AT $100.00.