A Survivorship Deed creates a joint tenancy between two or more individuals. This means when one owner dies, the property goes to remaining owners.
LawDepot's Survivorship Deed:
- Is commonly used by husbands and wives, and people in common-law relationships.
- Can be filled out in a matter of minutes.
- Is far less expensive than hiring a lawyer to draft a similar document.
We regularly maintain this contract. Last Modified: May 2011
Governing Law
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Type of Tenancy
Joint Tenancy with Full Right of Survivorship: Two or more individuals own a property in equal shares such that when one of the joint tenant dies, his/her interest in the property is automatically transferred to the surviving joint tenant/s. This type of ownership ensures that the deceased's interest in the property does not go through probate, but it does not provide protections to the joint tenants from each other's liabilities (e.g. if one joint tenant goes bankrupt, creditors could force the sale of the property to get at that joint tenant's share of interest in the property). Joint tenancy with full rights of survivorship is available to two or more individuals, regardless of whether or not they are married to each other.
Tenancy by the Entirety: This form of ownership automatically transfers property interests of deceased owners to surviving owners, and is only available to spouses. Under a tenancy by the entirety, one spouse cannot dispose of property without the other spouse's permission.
Community Property with Right of Survivorship: This special form of joint tenancy is available only to spouses in AK, AZ, CA, ID, LA, NV, NM, TX, WA, and WI. Community property means that the spouses each own 50% of the property, as well as any debts that they each may have incurred. Community property provides less protections to individuals than tenancy by the entirety.
Note: Not all tenancy types are available in all states.
Consideration
If the property is being transferred for a nominal amount, then use $10.00 as the consideration.
Property Info
Legal Description
Property Taxes
Prior Grant Information
Wells
General Info
Deed Preparation
Where should the deed be sent to after recording?
Taxpayer Information
Real Estate Validation Questionnaire
Signing Details
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(In some counties, the county recorder's office requires the Grantee to sign.)
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