Example of a properly completed form for reference.
Included Jefferson County compliant document last validated/updated 7/24/2024
Courthouse - 716 N Richard Arrington Jr Blvd, Rm 115, Birmingham, Alabama 35203
Hours: 8:00 to 4:00 M-F
Phone: (205) 325-5411
Courthouse - 1801 3rd Ave N, Bessemer, Alabama 35020
Hours: 8:00 to 4:00 M-F
Phone: (205) 481-4100
Forms are available immediately after submitting payment.
Immediately after you submit payment, the Jefferson 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.
This indicates the most recent date when at least one of the following occurred:
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Jefferson County including margin requirements, content requirements, font and font size requirements.
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Jefferson County that you need to transfer you would only need to order our forms once for all of your properties in Jefferson County.
Often when a deed is recorded, additional documents are required by Alabama or Jefferson 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.
All of our Jefferson 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.
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.
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
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.
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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)
