Use this instrument to formalize the acceptance of ownership rights conveyed when another joint tenant dies. Complete and sign the affidavit and submit it, along with a certified copy of the decedent's death certificate, to the recorder for the county where the real estate is located.

Holding title to real property in a survivorship tenancy is a convenient way to transfer ownership in land without probate. The Indiana Revised Code specifies the rules for co-ownership of real property in IC 32-17-2-1. This statute explains that two or more people who are not married to each other may own real estate as joint tenants with rights of survivorship as long as this intent is clearly stated in the text of the deed conveying title to them.

In order to gain full ownership, the surviving joint tenant need only submit a completed affidavit of surviving joint tenant, along with an official copy of the death certificate of the other owner, to the recorder for the county where the land is located.

This does not, however, remove the deceased's name from the deed. To accomplish that, the surviving tenant must execute and record a new deed from the original joint tenants to the remaining tenant only. After completing this final step, the public record and current deed will contain the most up-to-date information.

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

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