Benton County Affidavit of Surviving Joint Tenant Form (Oregon)

All Benton County specific forms and documents listed below are included in your immediate download package:

Affidavit of Surviving Joint Tenant Form

Benton County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benton County compliant document last validated/updated 4/18/2024

Affidavit of Surviving Joint Tenant Guide

Benton County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 3/14/2024

Completed Example of the Affidavit of Surviving Joint Tenant Document

Benton County Completed Example of the Affidavit of Surviving Joint Tenant Document

Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 4/8/2024

When using these Affidavit of Surviving Joint Tenant forms, the subject real estate should be physically located in Benton County, and the executed documents recorded in one of the following offices:

Records & Licenses Office

County Courthouse - 120 NW 4th St, Rm 4, Corvallis, Oregon 97330

Hours: 8:00 to 5:00 Mon-Fri / Recording until 4:00

Phone: (541) 766-6831

Local jurisdictions located in Benton County include:

  • Alsea
  • Blodgett
  • Corvallis
  • Monroe
  • Philomath

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?

Forms are NOT emailed to you. 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

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 Surviving Joint Tenant 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 Oregon 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 Surviving Joint Tenant 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.

In general, when one co-owner of real property held as joint tenants with right of survivorship dies, the living co-tenant gains the property rights of the deceased owner by function of law. As long as the remaining owner survives the deceased owner by at least 120 hours, the asset is not affected by the owner's will, and therefore does not pass through the estate and is not subject to probate distribution (112.582(5)).

Even though the transfer is supposed to be automatic, the Oregon statutes contain instructions for establishing death under the survivorship rules codified at ORS 112.570 to 112.590. Primarily, to prove that the deceased owner has actually died, the living co-owner should obtain "a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death is alleged to have occurred" (112.582(2)(a)).

Once the survivor has the death certificate, he/she should submit it for recording, along with an affidavit of surviving joint tenant, to the same office that recorded the deed granting the survivorship tenancy to the co-owners. An affidavit is a document containing statements made under oath, and is admissible as evidence. The affidavit is not explicitly required by Oregon law, but it helps to protect the survivor's interest in the real property by clarifying and formalizing the change. In addition, the affidavit includes details about the specific parcel(s) of land and recording information from the original deed.

Recording the affidavit of surviving joint tenant and official death certificate provides public notice of the change in ownership, which in turn maintains the chain of title (sequential list of owners). A clear chain of title, with no gaps, reversals, or other details out of order, makes it easier to acquire title insurance, which should simplify future sales or mortgages of the property.

(Oregon AOSJT 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

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