Use this instrument to formalize the acceptance of ownership rights conveyed when another joint tenant dies. Complete and sign the affidavit and submit it, along with a certified copy of the decedent's death certificate, to the recorder for the county where the real estate is located.

Holding title to real property in a survivorship tenancy is a convenient way to transfer ownership in land without probate. The Indiana Revised Code specifies the rules for co-ownership of real property in IC 32-17-2-1. This statute explains that two or more people who are not married to each other may own real estate as joint tenants with rights of survivorship as long as this intent is clearly stated in the text of the deed conveying title to them.

In order to gain full ownership, the surviving joint tenant need only submit a completed affidavit of surviving joint tenant, along with an official copy of the death certificate of the other owner, to the recorder for the county where the land is located.

This does not, however, remove the deceased's name from the deed. To accomplish that, the surviving tenant must execute and record a new deed from the original joint tenants to the remaining tenant only. After completing this final step, the public record and current deed will contain the most up-to-date information.

(Indiana Affidavit of Surviving Joint Tenant Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Surviving Joint Tenant

Facilitate the removal of a decedent's name from a deed
Provide proof of death to a title company or lender
Confirm the passing of a trustor or grantor for title purposes
Provide evidence of heirship for a property transfer

Compare other Indiana deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Transfer on Death Deed Transfer on Death Deed Revocation Transfer on Death Deed Beneficiary Affidavit General Durable Power of Attorney Limited Power of Attorney for Real Property Mortgage Secured by Promissory Note Full Release of Mortgage Contract for the Sale of Real Estate Installment Contract for Sale of Real Estate Memorandum of Contract Full Release of Memorandum of Contract Affidavit of Surviving Spouse Trustee Deed without Warranty Trustee Deed with Warranty Personal Representative Deed for Distribution Personal Representative Deed for Sale Notice of Furnishing Notice of Intention to Hold Lien Mechanics Lien Partial Lien Waiver Final Lien Waiver Satisfaction of Lien Lis Pendens Notice Release of Lis Pendens Notice Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our affidavit of surviving joint tenant forms are specifically formatted for each county in Indiana.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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