Sumter County Affidavit of Surviving Joint Tenant Form (Alabama)

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

Affidavit of Surviving Joint Tenant Form

Sumter County Affidavit of Surviving Joint Tenant Form

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

Affidavit of Surviving Joint Tenant Guide

Sumter County Affidavit of Surviving Joint Tenant Guide

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

Completed Example of the Affidavit of Surviving Joint Tenant Document

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

Example of a properly completed form for reference.
Included Sumter 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 Sumter County. The executed documents should then be recorded in the following office:

Probate Office

County Courthouse Annex - 115 Marshall St / PO Box 1040, Livingston, Alabama 35470

Hours: 8:00 to 4:00 M-F

Phone: (205) 652-7281

Local jurisdictions located in Sumter County include:

  • Bellamy
  • Cuba
  • Emelle
  • Epes
  • Gainesville
  • Livingston
  • Panola
  • York

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Alabama or Sumter 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 Sumter 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 Sumter 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 Sumter 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 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

Reply from Staff

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

Rubin C.

July 19th, 2020

Very good forms and the online recording was a blessing.

Reply from Staff

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

David P.

March 26th, 2019

You make the recording/registration process easy to follow - the value to price ratio is awesome!

Reply from Staff

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

Linda W.

January 22nd, 2021

Fast service. From the time I sent my Quit Claim Deed to deeds.com, and six hours later my deed was recorded. It was painless, great convenience.

Reply from Staff

Thank you!

Candy A.

June 27th, 2020

Super simple to download all necessary forms. BIG thank you for this service.

Reply from Staff

Thank you!

Wendy C.

January 27th, 2021

I purchased a Warranty Deed "package" on Friday and found that the Main download was a working document, but the secondary document (which is required) was not. In other words, I was able to use the fill-in feature on the main document, but not on the second document. I used the portal on the website to report my issue the same day. That was Friday. This is Wednesday. I have not heard a word from them and I have to use my documents in 2 days. I will probably have to resort to pen and ink for that document, but I have already tried filling it out twice and have to keep reprinting and starting over. You can't white out or cross out. I would really prefer to have the complete service that I paid for.

Reply from Staff

Thank you for your feedback. As is noted on the site, supplemental forms are provided as a courtesy with your order. They are not our forms, we did not create them. They are created and provided by the jurisdiction/agency that requires them. Have a wonderful day.

LISA B.

December 5th, 2019

GOT WHAT I NEEDED FORMS WORKED FINE.

Reply from Staff

Thank you!

Philip B.

October 18th, 2019

Pleased with the results, except for the "notice of confidentiality rights" above the QUIT CLAIM DEED headline. Is it needed to be included on the form or can it be removed ? How can it be removed, I do not see a reason for it to be on the print out copy. Thank you.

Reply from Staff

Thank you!

Donna R.

November 22nd, 2021

Hi! Is there a setting that I can click on that will make sure I'm notified via email when an update is made to my requests? Thank you!

Reply from Staff

Thanks for your feedback, we'll have someone look into it.

Paulette O.

March 24th, 2021

I love this! I wish there was one for a simple personal will.

Reply from Staff

Thank you!

MARIO D S.

March 7th, 2020

Well worth the $20.00 for the Transfer on Death Deed, if you are willing to do the leg work to notarize and record the deed. Money well spent and money well saved. The value is in the short, bullet type instructions and State specific forms and requirements.

Reply from Staff

Thank you!

Melody P.

May 13th, 2021

Thank you for getting our docs recorded so quickly and efficiently! Great and dependable service, as always!

Reply from Staff

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

Peter F.

February 25th, 2021

It was outstanding, seriously, I had 3 e mail correspondences asking for information and providing feedback within 2 hours and was ready for submission at that point.
I paid the invoice online and by the end of the day I had electronic verification that Registry of Deeds had processed my documents.

That work is good stuff !
Pete

Reply from Staff

Glad we could be of assistance Peter, thank you for the kinds words. Have an amazing day!