Benton County Affidavit of Identity and Survivorship Form (Minnesota)
All Benton County specific forms and documents listed below are included in your immediate download package:
Affidavit of Identity and Survivorship Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Benton County compliant document last validated/updated 6/24/2025
Affidavit of Indentity and Survivorship Guide
Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 6/20/2025
Completed Example of the Affidavit of Identity and Survivorship Document
Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 1/20/2025
The following Minnesota and Benton County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Identity and Survivorship forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:
Benton County Recorder
531 Dewey St / PO Box 129, Foley, Minnesota 56329
Hours: 8:30 to 4:30 M-F
Phone: (320) 968-5037
Local jurisdictions located in Benton County include:
- Foley
- Gilman
- Oak Park
- Rice
- Saint Cloud
- Sauk Rapids
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Benton 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Identity and Survivorship 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 Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Minnesota or Benton 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.
What type of files are the forms?
All of our Benton County Affidavit of Identity and Survivorship 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Minnesota allows two or more people to share ownership of real estate as joint tenants. Unlike tenants in common, who each own individual portions of the property, joint tenants share equal parts of the undivided whole property. As a result, if one joint tenant dies, his/her rights are distributed evenly amongst the surviving joint tenants. Note that joint tenancy property passes outside of probate, so it does not become part of the decedent's estate.
To complete the transfer of ownership rights, the surviving joint tenant or tenants should execute an affidavit of identity and survivorship, based on Minnesota Form 50.2.2. The affidavit references the recorded deed where the joint tenants gained the property rights, and also requires a certified copy of the decedent's death certificate. Record the affidavit and its supporting documents in the office responsible for maintaining property records for the county where the land is located.
After recording the affidavit, the deceased joint tenant no longer holds any property rights, but his/her name will still appear as an owner in the records. To actually remove that name, the remaining joint tenant(s) should execute a new deed listing all original joint tenants as grantors, but identifying the deceased individual and including a certified copy of the death certificate. Name only the surviving tenants as grantees. After filing the new deed, the property records should only show the remaining owners.
(Minnesota AOI Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Benton 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 Benton County Affidavit of Identity and Survivorship 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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