Elkhart County Affidavit of Surviving Joint Tenant Form

Additional Indiana and Elkhart County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elkhart County

Properties in any of these areas use Elkhart County forms:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

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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)

Important: Your property must be located in Elkhart 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 Elkhart County.

Our Promise

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

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