"Survivorship Deed Form"

What Is a Survivorship Deed?

A Survivorship Deed is an estate planning document recording the agreement of co-owners of the property: when one of them dies, the title on the property they owned jointly transfers to the co-owner who survived. This tool is especially important if you share the property with your spouse or children and want to avoid a tiresome and challenging probate process - the co-owner of the property automatically becomes the sole owner after the other individual's death.

A printable Survivorship Deed Form can be downloaded through the link below.

As long as your document clearly indicates that it represents a "Joint Tenancy with Right of Survivorship," it will permit a title transfer from one individual to the other in the event of the first joint tenant's death. To make your Deed valid, both parties need to sign it in the presence of a witness and obtain a notary seal from a notary public. Finalize the Deed by submitting it to your local county recorder.

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How Does a Survivorship Deed Work?

In most cases, Survivorship Deeds take precedence over wills if these documents have different directions in them - the property is distributed based on the right of Survivorship recorded in the Deed. However, it is possible to contest the validity of a Survivorship Deed if the wording is not clear enough - this way a will that gives the property to named beneficiaries has greater legal force.

Usually, the form is short and easy to prepare, and you can use this document to move property - notably, real estate - between relatives as a step of the inheritance plan. As a rule, a Joint Survivorship Deed includes personal details of the grantor and grantee, consideration (a nominal price the grantee gives to the grantor for the ownership interest - you can just add a small amount, for instance, $1,00), a full description of the property parties own jointly, and their signatures.

Survivorship Deed Vs. Warranty Deed

A Warranty Deed is a more complicated concept than a "Joint Tenancy with Right of Survivorship Deed." It is traditionally prepared and signed by parties who do not have a close personal relationship, unlike a Survivorship Deed completed by spouses, parents, and children, or long-time friends to safeguard their property rights. A Warranty Deed implies a variety of warranties - the grantor must pledge they own the property clear and free of liens, mortgages, and claims from third parties. It provides additional assurance to the purchaser in relation to the condition of the property and the title.

A traditional Survivorship Deed does not have any guarantees for the surviving party or limitations on the title of the property. Signing a Warranty Deed entails more risk for both parties - there might be issues with the title which is not convenient for the grantee, while the grantor promises to fix any problems that arise in the future.


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Survivorship Deed
I (We) _________________________________________________________________,
Names
_______________________ of _______________________, ______________________
Marital Status
County
State
for valuable consideration paid, grant(s) with General Warranty covenants, to
_______________________ and _______________________.
For their joint lives, remainder to the survivor of them, whose tax mailing addresses are:
_______________________________________________________________________
_______________________________________________________________________
The following Real Property situated in ____________________________________ and
known as being __________________________________________________________
________________________________________________________________________
______________________________________________________________________
The above is intended to convey property known as: _____________________________
________________________________________________________________________
______________________________________________________________________
_________________________________
_________________________________
Parcel ID
Prior Instrument Reference
© ​
T EMPLATEROLLER.COM
Survivorship Deed
I (We) _________________________________________________________________,
Names
_______________________ of _______________________, ______________________
Marital Status
County
State
for valuable consideration paid, grant(s) with General Warranty covenants, to
_______________________ and _______________________.
For their joint lives, remainder to the survivor of them, whose tax mailing addresses are:
_______________________________________________________________________
_______________________________________________________________________
The following Real Property situated in ____________________________________ and
known as being __________________________________________________________
________________________________________________________________________
______________________________________________________________________
The above is intended to convey property known as: _____________________________
________________________________________________________________________
______________________________________________________________________
_________________________________
_________________________________
Parcel ID
Prior Instrument Reference
© ​
T EMPLATEROLLER.COM
Notary Acknowledgment
State of _____________________
County of ___________________
The foregoing was acknowledged before me this ____ day of _________________, by
the undersigned, _________________, who is personally known to me or satisfactorily
proven to me to be the person whose name is subscribed to the within instrument.
_________________________________
Printed Name of Notary Public
_________________________________
Signature of Notary Public
My commission expires: ___________________
(seal)
© ​
T EMPLATEROLLER.COM
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