Rutherford County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Form
Last validated September 17, 2026 by our Forms Development TeamFormatted for recording in Rutherford County, for property anywhere in the county: rural and unincorporated areas as well as Bostic, Caroleen, Chimney Rock, Cliffside, Ellenboro, Forest City, Harris, Henrietta and 4 more.
- 3 documents included
- Immediate PDF download
- Formatting guarantee

Rutherford County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Form
Fill in the blank Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) form formatted to comply with all North Carolina recording and content requirements.

Rutherford County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Guide
Line by line guide explaining every blank on the Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) form.

Rutherford County Completed Example of the Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Document
Example of a properly completed North Carolina Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional North Carolina and Rutherford County documents included at no extra charge:
Where to Record Your Documents
Rutherford County Register of Deeds
Rutherfordton, North Carolina 28139
Hours: 8:30 to 5:00 M-F
Phone: (828) 287-6155
Recording Tips for Rutherford County:
- Bring your driver's license or state-issued photo ID
- Ensure all signatures are in blue or black ink
- Ask if they accept credit cards - many offices are cash/check only
- Check that your notary's commission hasn't expired
- Documents must be on 8.5 x 11 inch white paper
Cities and Jurisdictions in Rutherford County
Properties in any of these areas use Rutherford County forms:
- Bostic
- Caroleen
- Chimney Rock
- Cliffside
- Ellenboro
- Forest City
- Harris
- Henrietta
- Lake Lure
- Rutherfordton
- Spindale
- Union Mills
Hours, fees, requirements, and more for Rutherford County
How do I get my forms?
Forms are available for immediate download after payment. The Rutherford 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 Rutherford County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Rutherford County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Rutherford 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Rutherford County?
Recording fees in Rutherford County vary. Contact the recorder's office at (828) 287-6155 for current fees.
Questions answered? Let's get started!
When one of two North Carolina owners who held real estate with a right of survivorship dies, the survivor already owns the whole property. Title passed at the moment of death, by operation of law, without probate and without a new deed. What remains is a record-keeping step: showing that vesting in the county land records, so the next examiner or title insurer sees the surviving owner as the sole owner. This form prepares the North Carolina Affidavit of Survivorship that title practice uses for that step.
Two Survivorship Estates, One Affidavit
North Carolina recognizes two survivorship estates this affidavit reaches. Spouses usually hold as tenants by the entirety under Chapter 41, Article 5, where a conveyance to spouses vests the entirety unless the deed says otherwise. Other co-owners can hold as joint tenants with right of survivorship under Chapter 41, Article 6, but only where the deed expressly says so; under Section 41-71 a conveyance to two or more persons is a tenancy in common unless the instrument expresses survivorship intent. The form carries both recitals and asks the affiant to mark the one that matches the recorded deed.
What the Statutes Do at Death
For tenancy by the entirety, Section 41-64 provides that on the death of a spouse the property belongs to the surviving spouse by right of purchase under the original grant and by survivorship, and that the deceased spouse has no estate that is descendible or divisible. For joint tenancy with right of survivorship, Article 6 carries the survivorship and Section 41-74 applies a 120 hour survival requirement. The principal limit is the slayer rule of Section 31A-3, carried into Section 41-64(b) for the entirety; the affidavit recites that the affiant is not a slayer of the decedent.
An Affidavit, Not a Deed
The affidavit does not transfer title and does not create the survivorship; the deed and the statutes did that. It is sworn evidence, recorded for notice. The affiant, the surviving owner already named on the deed, swears before a notary that the affiant survived the decedent, that title vested in the survivor by operation of law, and that the decedent's interest did not pass through the estate. Because it is sworn, the notary completes a jurat rather than a deed acknowledgment. No enabling statute creates this affidavit; registers of deeds accept it under the general recording statutes of Chapter 47.
Recording in North Carolina
The affidavit names the parties and the date of death, describes the property by county and formal legal description, and identifies the survivorship deed by its book and page in the county public registry, the reference an examiner uses to confirm the survivorship language. It is recorded with the Register of Deeds where the property lies, together with a certified copy of the death certificate, and North Carolina records by order of registration under Chapter 47. Because the affidavit documents a transfer that occurred by operation of law and conveys nothing, it does not carry the documentary excise tax that Sections 105-228.30 and 105-228.32 impose on conveyances.
The package includes the blank fillable PDF, a completed example for a tenancy by the entirety in Mecklenburg County, and a plain-language guide covering every section, the survivorship statutes, and recording. The materials are informational and are not legal advice.
Important: Your property must be located in Rutherford County to use these forms. Documents should be recorded at the county recording office listed above.
This Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) meets all recording requirements specific to Rutherford County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Rutherford 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.
Save Time and Money
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