Survivorship Affidavit: Topical Outline
- What a Survivorship Affidavit Is
1.1 Plain-language definition
1.2 What it does to title
1.3 Why the county recorder cares about it
1.4 Why title companies care about it - When You Can Use a Survivorship Affidavit
2.1 Joint tenancy with right of survivorship
2.2 Tenancy by the entirety (married owners in qualifying states)
2.3 Community property with right of survivorship (in some community property states)
2.4 Living trust in second position (clarify when this does not apply)
2.5 Situations where it does not work:
– Sole owner
– Tenants in common
– Dead co-owner who never got added to title properly
– Disputed ownership - What the Affidavit Actually Accomplishes
3.1 Removes the deceased owner’s name from the deed record
3.2 Leaves the property in the survivor’s name without probate
3.3 Clears title for refinance, sale, or line of credit
3.4 Puts the world on notice that the survivor is now the sole owner - What a Survivorship Affidavit Does Not Do
4.1 It does not transfer title to heirs or kids
4.2 It does not override debts or liens
4.3 It does not fix bad title history
4.4 It does not avoid estate taxes or Medicaid recovery
4.5 It will not cure fraud or elder exploitation claims - Core Legal Requirements
5.1 Certified copy of the deceased owner’s death certificate
5.2 Exact legal name(s) must match the vesting deed
5.3 Property description must match the vesting deed (not the tax bill)
5.4 Notarized signature of the surviving owner
5.5 Recording in the correct county land records
5.6 State-specific statutory form or required language (if any) - Step-by-Step Process to Use a Survivorship Affidavit
6.1 Find the most recent recorded deed
6.2 Confirm that deed created survivorship rights
6.3 Prepare the affidavit
6.4 Attach death certificate as required
6.5 Sign in front of a notary
6.6 Record with the county recorder / clerk / register of deeds
6.7 Get a certified copy of the recorded affidavit for your files and for the lender / title company - Common Reasons Survivorship Affidavits Get Rejected
7.1 The deed never actually said “joint tenants with right of survivorship,” “tenancy by the entirety,” or similar survivorship language
7.2 Name mismatch (maiden name vs married name, middle initials, nicknames)
7.3 Legal description missing or wrong
7.4 Affidavit recorded in the wrong county
7.5 Wrong notary block (state-specific form rules)
7.6 Missing death certificate or using an uncertified copy - Special Rules for Married Couples
8.1 Tenancy by the entirety states: automatic survivorship between spouses
8.2 Community property with right of survivorship: how it’s different from “plain community property”
8.3 Second marriage / blended family tension: why the survivor can usually take full title despite adult children from a prior marriage being angry about it
8.4 Why a will leaving “half the house to the kids” often loses to survivorship language on the deed
8.5 Planning mistake: spouse never added to title after marriage, so no survivorship rights exist to claim - Tax and Financial Effects
9.1 Property tax status (homestead, caps, senior freezes)
9.2 Mortgage and due-on-sale risk
9.3 Step-up in basis on death of first spouse (full vs partial, varies by state and ownership type)
9.4 Insurance updates and liability coverage
9.5 Whether the survivor can now refinance or get a HELOC - How a Survivorship Affidavit Compares to Probate
10.1 Speed (days vs months)
10.2 Cost (filing fee vs full estate administration)
10.3 Privacy (recorded affidavit is public, but no full inventory of assets)
10.4 Control (the survivor does not need permission from heirs or courts)
10.5 Where probate is still required (no survivorship deed, multiple deaths, disputes, creditor mess) - Edge Cases That Break Everything
11.1 Both co-owners died, or died close in time
11.2 The survivor is mentally incapacitated and cannot sign
11.3 The property description in the old deed is defective
11.4 Medicaid estate recovery claims are active
11.5 The deceased owner was in bankruptcy
11.6 There’s an IRS lien or judgment creditor waiting to pounce - How to Prevent Headaches Before Death (Position this as planning, not cleanup)
12.1 Make sure survivorship language is on the deed now
12.2 Clean up name mismatches while both owners are alive
12.3 Record marriages, name changes, and trust assignments properly
12.4 Consider transfer-on-death / beneficiary deed where allowed
12.5 Update downstream documents (will, trust, homestead exemptions, insurance) - FAQ Topics to Capture in Long-Tail Search
13.1 “Do I need a new deed after recording a survivorship affidavit?”
13.2 “Can I sell the house after filing this?”
13.3 “What if there’s no survivorship language on the deed?”
13.4 “Does this work if we weren’t married?”
13.5 “Can my stepchildren block me?”
13.6 “Is this the same as an affidavit of heirship?” (Answer: no. Different concept, different use case.)
Next step: If you want, I can draft section 1 in finished site copy at an 8th-grade level and in your voice.