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.
The Missouri Survivorship Affidavit is a legal document that establishes the survivorship rights of individuals in Missouri, particularly in relation to jointly owned real estate or property. It serves as evidence of ownership transfer upon the death of one co-owner, allowing the surviving co-owner(s) to assume full ownership without the need for probate proceedings. The Survivorship Affidavit is commonly utilized when the property is owned as joint tenants with rights of survivorship (TWOS) or tenants by the entirety. This legal instrument ensures a smooth transition of ownership, supports the transfer of title, and helps prevent the need for costly and time-consuming probate administration. This affidavit can be classified into several types, depending on the specific circumstances and ownership structure: 1. Survivorship Affidavit for Joint Tenancy: Used when a property is co-owned by two or more individuals as joint tenants with rights of survivorship. Upon the death of one owner, this affidavit allows the surviving joint tenant(s) to assume full ownership automatically. 2. Survivorship Affidavit for Tenants by the Entirety: Applicable to married couples who jointly own property as tenants by the entirety, which provides enhanced protection against individual creditors of either spouse. The Survivorship Affidavit ensures that the surviving spouse becomes the sole owner upon the death of their partner. 3. Survivorship Affidavit for Community Property with Right of Survivorship (CPS ROS): Designed for married couples who choose to hold real estate as community property with the right of survivorship. This affidavit allows the surviving spouse to assume full ownership of the property upon the death of their spouse. 4. Survivorship Affidavit for Multiple Owners: This type of affidavit is used when a property is owned by multiple individuals, such as business partners or siblings, and they wish to establish survivorship rights to simplify the transfer of ownership upon the death of one owner. By following the appropriate legal requirements and correctly completing the Missouri Survivorship Affidavit, individuals can ensure a smooth transition of property ownership, bypassing probate and avoiding potential disputes or complications. It is essential to consult with an experienced attorney to ensure compliance with all relevant laws and to address any unique circumstances related to the specific property or ownership structure.
