Claim property you own with a person who has died: Affidavit of Survivorship
What is an Affidavit of Survivorship?
An Affidavit of Survivorship is a legal document that can be used to claim property that you co-own with a person who has died. If you own joint property with someone who has since passed away an Affidavit of Survivorship helps you invoke your legal rights and take full ownership of the property. Sometimes a court will want more than a death certificate; an Affidavit of Survivorship might help you make a tough situation a little easier after the loss of a spouse, relative, or business partner.
When to use an Affidavit of Survivorship:
- You're owned joint property with someone who's passed away.
- You currently own joint property, and want to be prepared with the right documents
How do I get my Affidavit of Survivorship reviewed?
If you already have an Affidavit of Survivorship and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Affidavit of Survivorship
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Affidavit of Survivorship
State of
County of
I , residing at , , , being of legal age, depose and say that:
| 1. | On , by recorded in Book/Volume , Page , of the County records as document number ('the Deed'), the Affiant and become owners of the following legally described property: |
| 2. | Affiant and own the property in joint tenancy with right of survivorship. |
| 3. | On , , died, thereby terminating s interest in the above-described real property. A certified copy of the death certificate of is attached hereto as Exhibit A. |
Oath or Affirmation
I certify under penalty of perjury under law that I know the contents of this affidavit signed by me and that the statements are true and correct.
| ______________________________ | ______________________________ |
| Date |
Affidavit of Survivorship FAQs
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How can I create an Affidavit of Survivorship Form for free?
It is fast and simple to get what you need using a free Affidavit of Survivorship template from Rocket Lawyer:
- Make the document - Answer a few general questions and we will do the rest
- Send or share - Discuss the document with a lawyer, if needed
- Sign it - Sign your Affidavit and make it legal
Any Affidavit of Survivorship Form from Rocket Lawyer can be modified for your particular scenario. When you're ready to start the process, you can tap or click "Make document" above. Your document will be constructed step by step so you can be sure that it contains all of the relevant details that you'll need.
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Do I need to work with a lawyer to review my Affidavit of Survivorship?
It’s a good idea to have important documents like your Affidavit of Survivorship reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your Affidavit of Survivorshipdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much might I traditionally pay for a lawyer to help me make an Affidavit of Survivorship?
Attorney fees for drafting or reviewing an Affidavit of Survivorship can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Affidavit of Survivorship tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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What steps should I take after writing an Affidavit of Survivorship?
After making your Affidavit with the help of Rocket Lawyer, you'll be able to get to it on any device. With a membership, you will be able to make edits, download it in PDF format or as a Word document, print it out, and sign it. Attached to your Affidavit of Survivorship Form, you'll also discover a checklist of recommended actions you can take to finalize the document.
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Does an Affidavit of Survivorship Form need to be notarized or witnessed?
Yes, an Affidavit of Survivorship Form must be acknowledged by a notary public. Witnesses are not legally required.
