Benton County Affidavit of Identity and Survivorship Form

Additional Minnesota and Benton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

• Foley
• Gilman
• Oak Park
• Rice
• Saint Cloud
• Sauk Rapids

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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)

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the county recording office listed above.

This Affidavit of Identity and Survivorship meets all recording requirements specific to Benton County.

Our Promise

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