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Pennsylvania - Erie County Affidavit of Surviving Spouse Form

All Erie County specific forms listed below are included in your immediate download:


Erie County Affidavit of Surviving Spouse Form Page 1

Affidavit of Surviving Spouse Form - Erie County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/4/2020


Erie County Affidavit of Surviving Spouse Guide Page 1

Affidavit of Surviving Spouse Guide - Erie County

Line by line guide explaining every blank on the form.
Included document last updated 7/16/2020


Erie County Completed Example of the Affidavit of Surviving Spouse Document Page 1

Completed Example of the Affidavit of Surviving Spouse Document - Erie County

Example of a properly completed form for reference.
Included document last updated 7/27/2020


*The Following Pennsylvania and Erie County supplemental forms are included as a courtesy with your order.


Realty Transfer Tax

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

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

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

Homestead Exemption

For properties considered the primary residence of the taxpayer, a homestead exemption may exist. This Erie 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

Notary Certificates

The supplemental forms in this section can be used as loose certificates by Pennsylvania notaries.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Erie County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Erie County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Affidavit of Surviving Spouse Forms:

  • Erie County

Including:

  • Albion
  • Corry
  • Cranesville
  • East Springfield
  • Edinboro
  • Elgin
  • Erie
  • Fairview
  • Girard
  • Harborcreek
  • Lake City
  • Mc Kean
  • Mill Village
  • North East
  • North Springfield
  • Union City
  • Waterford
  • Wattsburg
  • West Springfield

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What is the Pennsylvania Affidavit of Surviving Spouse?

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.

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Save Time and Money

Get your Erie 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.

Our Promise

The documents you receive here will meet, or exceed, the Erie 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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