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Affidavit of Surviving Spouse Form - Delaware County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/2/2020
Affidavit of Surviving Spouse Guide - Delaware County
Line by line guide explaining every blank on the form.
Included document last updated 9/25/2020
Completed Example of the Affidavit of Surviving Spouse Document - Delaware County
Example of a properly completed form for reference.
Included document last updated 7/27/2020
*The Following Pennsylvania and Delaware County supplemental forms are included as a courtesy with your order.
Realty Transfer Tax
Complete each section and file in duplicate with Recorder of Deeds when: (1) the full value/consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. Note: This is a statewide form, required in every county where applicable.
Transfer Tax
This document provides information on transfer tax in Pennsylvania. It also list transfer tax exemptions to determine whether the deed in question is exempt
Valuation Factors
If transfer tax is due, this list will show how much is owed by county. The longer version of the list includes past rates.
Homestead Exemption
For properties considered the primary residence of the taxpayer, a homestead exemption may exist. This Delaware County Homestead Exemption can reduce the appraised valuation of a primary residence before calculating the property tax owed, resulting in a lower annual property tax rate for owner-occupied homes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Pennsylvania notaries.
Including:
Using an Affidavit of Surviving Spouse or Life Partner in Pennsylvania
The manner of vesting, or the way owners hold title to real property, determines what will happen to that property in the event of their death.
The three options available to co-owners vesting residential real property in Pennsylvania are tenancy in common, joint tenancy, and tenancy by the entirety. A tenancy in common and a joint tenancy are available to two or more owners, whereas a tenancy by the entirety is available only to married couples.
When co-owners vest as tenants in common, each one owns a separate share of the title. A joint tenancy with the right of survivorship means that, upon the death of one joint tenant, the deceased's interest in the property is proportionately distributed to the remaining joint tenants, thus avoiding probate. In tenancy by entirety, both spouses share 100% undivided ownership of the property. Similar to joint tenancy, when the first spouse dies, his or her interest in the property ceases, meaning the surviving spouse becomes the sole owner.
Pennsylvania property held in either a joint tenancy or a tenancy by the entirety vests automatically in the survivor(s) upon the death of an owner. This means that a deed is not required to transfer the decedent's interest. Rather, an affidavit of surviving spouse or life partner may be recorded in the office of the recorder in the appropriate county evidencing the surviving spouse's right to the decedent's interest. Such a document helps to maintain a clear chain of title (ownership history) and may be useful in future title searches.
Affidavits must meet standards for recording in the state of Pennsylvania as well as the requirements for affidavits pertaining to interest in real property as established by 21 P.S. 453, and requires the name, address, and age of the affiant, as well as a legal description of the real property concerned. Further, it states that the affiant was either the legal spouse or life partner of the decedent, and indicates that the supporting documentation -- the death certificate of the decedent and either a marriage license or a certificate of life partnership -- are authorized copies. The affiant makes the sworn statements contained within the affidavit in the presence of a notary public, declaring that they are true, correct, and complete to the best of his or her knowledge.
Each case is unique, so consult a lawyer with questions.
Get your Delaware County Affidavit of Surviving Spouse 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.
The documents you receive here will meet, or exceed, the Delaware County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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