Madison County Affidavit of Surviving Joint Tenant Form (Alabama)

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

Affidavit of Surviving Joint Tenant Form

Madison County Affidavit of Surviving Joint Tenant Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Madison County compliant document last validated/updated 9/4/2024

Affidavit of Surviving Joint Tenant Guide

Madison County Affidavit of Surviving Joint Tenant Guide

Line by line guide explaining every blank on the form.
Included Madison County compliant document last validated/updated 10/3/2024

Completed Example of the Affidavit of Surviving Joint Tenant Document

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

Example of a properly completed form for reference.
Included Madison County compliant document last validated/updated 10/18/2024

When using these Affidavit of Surviving Joint Tenant forms, the subject real estate must be physically located in Madison County. The executed documents should then be recorded in the following office:

Madison Probate Office

County Courthouse - 100 North Side Sq, Rm 101, Huntsville, Alabama 35801

Hours: 8:30 to 4:30 M-F

Phone: (256) 532-3339

Local jurisdictions located in Madison County include:

  • Brownsboro
  • Gurley
  • Harvest
  • Hazel Green
  • Huntsville
  • Madison
  • Meridianville
  • New Hope
  • New Market
  • Normal
  • Owens Cross Roads
  • Ryland
  • Toney

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?

Immediately after you submit payment, the Madison 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

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 Madison County using our eRecording service.
Are these forms guaranteed to be recordable in Madison County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Madison 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 Madison County that you need to transfer you would only need to order our forms once for all of your properties in Madison County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or Madison 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 Madison 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.

Alabama law allows two or more people to share title to real property as either tenants in common or as joint tenants. One aspect of joint tenancy in many states is the right of survivorship, which causes the shares of a deceased co-owner to be distributed amongst the surviving owners as a function of law, without the need for probate.

In Alabama, however, when "one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained [as with tenancy in common]; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument." (ALA CODE 35-4-7). To restate this more simply, Alabama joint tenancy functions like a tenancy in common (separate shares of the whole) unless the intent for survivorship is clearly stated in the text of the deed.

Assuming the intent for survivorship is established and a co-owner dies, how does a surviving joint tenant make the redistribution official? At minimum, the living co-owner should record a copy of the deceased owner's death certificate. For more clarity, though, include the death certificate with an affidavit that contains the relevant details about the property transaction where the joint tenants gained title to the real estate in question.

Section 35-4-69 of the Alabama Code explains that affidavits "heretofore recorded or that may hereafter be recorded showing the relationship of parties or other persons to conveyances of lands, the relationship of any parties to any conveyances with other parties whose names are shown in the chain of title to lands ... and affidavits stating any other fact or circumstance affecting title to land or any right, title, interest in or lien or encumbrance upon land, when so recorded, the record of said affidavits shall be notice of the facts therein recited; and any such affidavit may be made by any person whether connected with the chain of title or not. This section shall apply to affidavits heretofore or hereafter made whether the same were made in connection with any particular transaction or merely to perfect title to land." Because an affidavit made under oath, it is admissible as evidence. Recording it along with the death certificate provides formal notice of the redistribution of the deceased owner's portion of the property rights.

It is essential for owners of real property to maintain a clear chain of title (ownership history), and recording an affidavit to verify changes such as the death of a co-owner is an effective way to accomplish this. A clear chain of title is important because it will help to simplify future sales of the real estate. Filing the affidavit clears the title, but the only way to remove the deceased joint tenant's name from the deed is for the survivors to execute and record a new deed. This instrument should show all joint tenants as grantors, with the decedent appropriately identified, and only the survivors as grantees. A certified copy of the recorded affidavit should accompany the new deed; other required supporting documents may vary from county to county.

(Alabama Affidavit of Surviving Joint Tenant Package includes form, guidelines, and completed example)

Our Promise

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

Get your Madison County Affidavit of Surviving Joint Tenant 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 and local jurisdictions.

4.8 out of 5 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Karina C.

March 27th, 2020

The process was very convenient, fast, and efficient. I appreciated the messaging feature which provided real-time communication. I would certainly recommended this service to anyone needing it.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Kimberly H.

March 27th, 2020

Very fast and easy to use!

Reply from Staff

Thank you Kimberly. Have a fantastic day.

Julie D S.

January 24th, 2020

thank you for all the forms

Reply from Staff

Thank you!

Kristina R.

March 27th, 2020

Fast and friendly service. I will use Deeds.com again.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Chris B.

March 3rd, 2023

Accurate information and easy to use website.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Lenore H.

March 13th, 2019

I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.

Reply from Staff

Thank you!

Linda M L.

September 7th, 2023

Easy to use, documents look good, but pretty expensive.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

William S.

September 25th, 2020

Love the ability to e-record a single document as a private citizen. Other companies only want to do business with large volume filers like title companies and attorneys. e-recording was super easy and so efficient. Got confirmation of recording from county clerk less than one hour after submission.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Maurice C.

September 14th, 2023

This is a great service! Very much needed.

Reply from Staff

Thank you!

Helen M.

April 13th, 2023

All forms were exactly what I needed.
Thank you
Immediate, smoothly downloaded and printed.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

April C.

June 24th, 2020

Great service fast and patience great team their staff kvh was very great part of team .I need it filed the same day .
I will recommend them to others

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Caroline E.

June 28th, 2024

Very easy!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!