Winston County Affidavit of Surviving Joint Tenant Form

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

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

Winston 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 Winston County documents included at no extra charge:
Where to Record Your Documents
Winston County Probate Office
Double Springs, Alabama 35553
Hours: 8:00am to 4:30pm M-F
Phone: (205) 489-5219
Recording Tips for Winston County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
- Bring extra funds - fees can vary by document type and page count
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Winston County
Properties in any of these areas use Winston County forms:
- Addison
- Arley
- Delmar
- Double Springs
- Haleyville
- Houston
- Lynn
- Natural Bridge
Hours, fees, requirements, and more for Winston County
How do I get my forms?
Forms are available for immediate download after payment. The Winston 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 Winston County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Winston 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 Winston 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 Winston County?
Recording fees in Winston County vary. Contact the recorder's office at (205) 489-5219 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 Winston 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 Winston County.
Our Promise
The documents you receive here will meet, or exceed, the Winston 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 Winston 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 - ( 4574 Reviews )
DEBORAH H.
December 9th, 2023
I found everything I needed
Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!
Cheryl C.
February 23rd, 2023
my only problem is the cost of the form I downloaded. A bit cheaper would be nice
Thank you for your feedback. We really appreciate it. Have a great day!
Annette A.
March 21st, 2019
I requested a property report and it was completed fast and accurately. I would highly recommend this service.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Marion Paul W.
January 31st, 2019
Quick service .Easy download.I ordered Quit Claim and should have ordered warranty deed. I will make it work
Thank you!
Christine H.
June 23rd, 2020
Easy to use. Customer service is very responsive!
Thank you!
Thomas D.
July 10th, 2019
The site is fine with one exception. About half the pdf files I downloaded were corrupted. I could not open them or view their contents. Fortunately, the link continued to work, so after I discovered this, I downloaded the corrupted files again, and they now seem fine. I do not know if my computer or the website caused this odd problem.
Thank you for your feedback. We really appreciate it. Have a great day!
John W.
June 3rd, 2021
The Staff are very helpful if needed and the process is amazingly simple and efficient!
Thank you!
Charlene H.
July 22nd, 2025
Deeds.com is a wonderful website. I highly recommend them and would use them again in the future.
Thank you, Charlene! We're so glad to hear you had a great experience. We truly appreciate your recommendation and look forward to helping you again in the future.
Amy L B.
March 12th, 2025
easy to download forms and help is there if you need it!
Thank you, Amy! We appreciate your kind words and are glad you found the forms easy to download. Our team is always here if you ever need assistance. Thanks for choosing us!
Andrew B.
January 3rd, 2022
Very easy to use and I appreciate the fees being charged after the submission.
Thank you!
Regina A.
February 19th, 2019
I needed to look for a recorded document and found what I was looking for. Thank you for the great service.
Thank you for your feedback. We really appreciate it. Have a great day!
Linda B.
March 26th, 2022
the forms are easy to understand. How do I go about getting the deed recorded and is there a charge.
Thank you for your feedback. We really appreciate it. Have a great day!
Rick M.
February 1st, 2023
Sign up process was fine. The search could be refined a bit to make it easier. Rather than being presented with a large number of fields and trying to figure out, it say street suffice (Drive, Street, Lane) are needed and with what spelled out, what abbreviated it would be nice to have them presented as questions with examples. The $30 price point of r a deed is way too high for me as an appraiser. This is why I didn't complete the transaction.
Thank you for your feedback. We really appreciate it. Have a great day!
Wayne T.
February 2nd, 2021
I was skeptical when I first came upon this website. Not sure why I had such a negative feeling, but after I received the printed deed I felt relieved and completely satisfied. This is a great website for everyone who wouldn't want to retrieve their deed in person and worth the reasonable fee.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Karen F.
June 6th, 2022
The documents' format contained information needed to complete the necessary paperwork for filing with Georgia. However, the fields were not large enough to put the legal description in, and there was no way to enlarge the area. These were only semi-helpful in providing what I needed per Georgia's filing requirement.
Thank you!