The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.
A Michigan Survivorship Affidavit is a legally binding document that establishes a person's ownership of real estate, such as a house or land, when they inherit it from a deceased co-owner. This affidavit is commonly used in situations where property is jointly owned, typically between spouses or partners, and one of them passes away. The purpose of a Michigan Survivorship Affidavit is to eliminate the need for probate proceedings to transfer ownership of the property. By presenting this affidavit to the appropriate county office, the surviving co-owner can officially assume full ownership and control of the property without going through the lengthy and costly probate process. The Michigan Survivorship Affidavit must contain specific information, including the deceased co-owner's full name, date of death, legal description of the property, and other relevant details. It also requires the signature of the surviving co-owner, who is attesting to the truthfulness of the information provided. There are different types of Michigan Survivorship Affidavits, depending on the circumstances. Some common variations include: 1. Joint Tenancy with Right of Survivorship Affidavit: This type of affidavit is used when the property is held under joint tenancy with rights of survivorship. In this case, upon the death of one co-owner, the property automatically passes to the surviving owner without the need for probate. 2. Tenancy by the Entirety Affidavit: This affidavit is specific to married couples who own property together as tenants by the entirety. Under this form of ownership, when one spouse passes away, the property is automatically transferred to the surviving spouse by operation of law. 3. Life Estate with Remainder Interest Affidavit: In situations where one person retains a life estate in the property while another holds a remainder interest, a Survivorship Affidavit is used to transfer ownership once the life estate holder passes away. It is crucial to consult with a qualified attorney or real estate professional to prepare and execute the correct type of Michigan Survivorship Affidavit, ensuring compliance with all legal requirements and avoiding potential complications with property ownership transfer.
