Establishing secure connection…Loading editor…Preparing document…

Right of Survivorship Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship

This Agreement is made as of the day of , 20, by and between of , hereinafter called Doe, and of , hereinafter called Smith, both of whom are over the age of twenty-one (21) and unmarried.

Whereas, Doe and Smith have acquired or are about to acquire a house and lot, hereinafter called the Property, situated at , more particularly described in Exhibit A attached hereto and made a part hereof; and

Whereas, it is the intention and desire of Doe and Smith that the described Property be owned by them as joint tenants with right of survivorship, with each tenant to own an undivided one-half interest in the Property.

NOW, THEREFORE, for and in consideration of the terms and covenants of this Agreement, and other valuable consideration, the receipt of which is acknowledged, the Parties agree as follows:

1. The Parties shall create a joint tenancy with right of survivorship in and to the Property described above by executing a Deed, a copy of which is attached hereto as Exhibit B and made a part hereof and whereby Doe and Smith convey all of the right title and interest in and to the Property to Doe and Smith as joint tenants with full rights of survivorship and not as tenants in common.

2. Each Party shall pay one-half of the following expenses:

A. Note payments to the lending institution that has a first mortgagee interest in and to said Property;

B. Real property and other taxes or assessments levied on the Property;

C. Insurance premiums for the Property;

D. Amounts due for telephone, electricity, gas, water, trash removal, and other utilities and services;

E. Expenses for normal maintenance, and ordinary and necessary repairs, of the Property;

F. Expenses for improvements to the Property, if such improvements are made with the prior consent of the other Party;

G. Expenses for acquiring, maintaining, and repairing of kitchen appliances, furniture, and fixtures, if such acquisition, maintenance, and repair is made with the prior consent of the other Party.

3. The Parties shall establish a joint checking account with Acme Bank at , to which they will deposit on or before the first day of each month, the amount of $ for the purpose of paying the expenses provided for in Paragraph 2. Either Party may sign checks from such checking account. If a Party fails to deposit such Party’s corresponding share to such checking account within the time provided, as a result of which the other Party is forced to advance from a his or her own funds the defaulting Party’s share of expenses, such defaulting Party shall pay to the other Party who made the advance of funds interest at the rate of 1.5% per month (or at the highest rate allowed by applicable law if less than 1.5% per month). If a Party fails or refuses for successive months to make the required amount of deposit to the joint checking account, the non-defaulting Party, at his or her option, may treat such default as an offer to sell the defaulting Party’s share of the described property and shall give written notice to that effect to the defaulting Party. In such event, the provisions of Paragraph 4 shall become operative.

4. For a period of years from the date of execution of this Agreement, a Party cannot sell or transfer such Party’s interest in the Property, or any part thereof, other than to the other Party to this Agreement. After such period, a Party who desires to sell or transfer such Party’s interest in the Property, or any part thereof, shall make a written offer to sell to the other Party, at a price computed on the basis of the valuation as determined under Paragraph 5. The Party to whom the offer is made shall have a period of within which to accept the offer. In the event the Party to whom the offer is made does not elect to purchase the other Party’s share, the Party to whom the offer is made shall have days within which to seek a purchaser who is acceptable to such Party. If a purchaser with an acceptable offer who is acceptable to the Party to whom the offer is made cannot be located within that period, the Property shall be listed for sale at a price based on the computation provided for in Paragraph 5, or at such other price as may be agreed on between the Parties.

5. In determining the selling price of the described Property or of any interest of a Party in such Property, the Parties agree that the purchase price of the Property shall be the initial valuation as of the date of the execution of this Agreement. After one year from the execution of this Agreement, and every year thereafter, the Parties shall review and agree on a stipulated value. Such agreed on valuation shall be in writing and shall be attached to this Agreement as an endorsement. The form of the Agreement shall be as follows: The undersigned 1st Party and 2nd Party agree that the value of the Property that is the subject matter of the Agreement between us dated , is $. In the event the Parties fail to review the valuation during the specified time or fail to agree on a new valuation after making such review, the most recent agreed on valuation shall apply.

6. Neither Party shall mortgage or otherwise encumber such Party’s share or interest in the described Property without the prior written consent of the other if such other Party still has an interest in the Property. If a Party violates this provision, the other Party, at such Party’s option, may treat the violation as an offer to sell such violating Party’s interest in the Property. In such event, the provisions of Paragraph 4 shall become operative. In addition, the violating Party shall pay to the other the amount of $ as liquidated damages.

7. Neither Party shall assign such Party’s rights or interest under this Agreement without the prior written consent of the other. If a Party violates this provision, the other Party may treat the violation as an offer to sell such violating Party’s interest in the Property by giving written notice to the violating Party. In such event, the provisions of Paragraph 4 shall become operative.

8. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

10. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

11. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

12. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

13. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

14. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

15. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

16. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

18. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.

By:

By:

State of

County of

Personally appeared before me, the undersigned authority in and for the said County and State, on this , within my jurisdiction, the within-named 1st Party, who acknowledged that he executed the above and foregoing instrument.

________________________________

NOTARY PUBLIC

My Commission Expires:

____________________

State of

County of

Personally appeared before me, the undersigned authority in and for the said County and State, on this within my jurisdiction, the within-named 2nd Party, who acknowledged that she executed the above and foregoing instrument.

________________________________

NOTARY PUBLIC

My Commission Expires:

____________________

________________________________

NOTARY PUBLIC

My Commission Expires:

____________________

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Right of Survivorship Form Is and when it applies

A Right of Survivorship Form documents that two or more parties hold property with survivorship rights so ownership passes directly to the surviving owner(s) on a co-owner's death. Common for joint bank accounts, brokerage accounts, and jointly held real estate, it creates a nonprobate transfer when correctly prepared and recorded. The form typically identifies property, the co-owners, the survivorship language, and any required acknowledgements; it does not replace a will for broader estate planning needs and may have state-specific recording or witness requirements.

Why a Right of Survivorship Form matters legally and practically

A properly completed Right of Survivorship Form avoids probate for the specified asset, enables immediate title transfer at death, and reduces administrative delay. Electronic execution is generally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA (1999) where adopted, but statutory exceptions (for example, wills) may exclude some transfers from e-signature coverage.

Why a Right of Survivorship Form matters legally and practically

Who commonly completes a Right of Survivorship Form

The form is used by co-owners and their representatives when replacing or clarifying survivorship language on assets.

  • Individual co-owners and spouses who hold assets jointly and want survivorship transfer on death without probate.
  • Estate planning attorneys and paralegals preparing or reviewing survivorship language for client assets and title documents.
  • Financial institutions and title companies that require a recorded survivorship instrument or updated account beneficiary designation.

Prepare with the intended recording office and any institutional recipient in mind to meet their specific requirements.

Step-by-step: completing the form from start to finish

Follow these four essential steps to prepare and finalize a Right of Survivorship Form for recording or institutional acceptance.

  • 01
    Gather details: Collect legal names, account numbers, and full property descriptions.
  • 02
    Draft clause: Insert explicit survivorship wording and reference the asset precisely.
  • 03
    Authenticate: Sign before required witnesses or a notary per state rules.
  • 04
    Record or deliver: File with county recorder or provide to the institution holding the asset.

Core elements every professional Right of Survivorship Form should include

A professional form includes specific structural elements and metadata so it can be accepted for recordation or by financial institutions without further amendment.

Title

A clear document title stating 'Right of Survivorship' and the asset type helps clerks and institutions identify the instrument quickly for recording and indexing purposes.

Parties

Full legal names, capacities (individual, trustee, corporate officer), and contact information for each co-owner ensure the document correctly identifies parties and their signing authority.

Asset identification

For real estate include the full legal description and parcel number; for financial assets include account numbers and institution names to avoid ambiguity.

Survivorship clause

Explicit declaratory language that ownership passes to surviving owner(s) upon death, drafted to match state recording office preferences and avoid conflicting estate documents.

Authentication

Notary acknowledgement and/or witness signatures as required by jurisdiction and the receiving institution; includes jurat or acknowledgment wording when applicable.

Recording instructions

Space for county recorder use, recording fees, and return-to address reduces clerical delays and ensures the recorded instrument is returned to the correct party.

Required information checklist

Owner Names: Exact legal names
Asset Details: Complete description
Survivorship Clause: Explicit transfer language
Signatures: Original signatures
Notary Data: Notary seal and date
Recorder Info: Return address

Common preparation mistakes to avoid

  • Using informal or vague language that leaves survivorship intent open to dispute, increasing probate risk and potential litigation.
  • Providing partial or incorrect property descriptions or account numbers, which can cause recording rejection or institution refusal.
  • Missing notarization or state-mandated witness signatures, which typically prevents recording or acceptance by financial institutions.
  • Failing to check for conflicting estate documents (wills or beneficiary forms) that may override or confuse the survivorship designation.

Consequences of an incorrect or incomplete form

Probate Delay: Property may go through probate
Title Defect: Cloud on title requiring cure
Institutional Rejection: Banks may refuse transfer
Legal Disputes: Increased litigation risk
Recording Rejection: County recorder may reject
Tax Consequences: Potential reporting complications

How to set up an online survivorship workflow

Configure a predictable e-signing workflow that meets recording and institutional authentication requirements before sending the form for signature.

Field Configuration
Template Use a locked template to prevent edits after placement
Authentication Enable email and optional SMS code verification
Notary Add remote notary step if permitted by state
Routing Set signing order and recording recipient

Technical considerations for eSigning and eRecording

Verify the platform supports remote notarization or produces outputs acceptable to your county recorder and any receiving institution before relying on eSubmission.

  • Integrations: Salesforce, Microsoft 365, NetSuite
  • File Formats: PDF and DOCX supported
  • Security: TLS 1.2/1.3 and AES-256

Where to send the completed Right of Survivorship Form

Different assets require different recipients; select the correct destination based on the asset type and recording needs.

  • County Recorder: Record deeds and real property instruments
  • Financial Institution: Provide updated account documentation
  • Title Company: Attach to closing or title file
  • Attorney or Trustee: Retain in estate or trust files

Timing and processing expectations

Handle execution and delivery promptly to preserve priority and ensure institutions accept the change without interruption.

Execution Timing:

Complete signatures before submitting for recording

Recorder Processing:

Processing times vary by county

Institutional Update:

Banks may require separate forms

Immediate Effect:

Survivorship typically effective on death

Follow-up:

Verify title or account reflects change

Real-world examples of when the form is used

Two concise examples illustrate typical scenarios and downstream outcomes when the Right of Survivorship Form is applied correctly.

Joint Bank Account Update

A married couple adds survivorship language to their joint checking account to ensure smooth transfer at death

  • The bank required an updated, signed form with ID verification
  • After one spouse died the surviving spouse accessed funds without probate because the bank accepted the updated titling documentation and recorded the change.

Property Co-Ownership

Two siblings add survivorship wording to a jointly held vacation property deed prior to one sibling moving overseas

  • County recorder required notarization and returned the recording copy to the designated address
  • The surviving sibling obtained clear title without a probate action following the co-owner’s death, simplifying resale.

Practical tips for accurate and efficient completion

Use consistent practices to reduce rejections and speed institutional acceptance.

Confirm institutional wording requirements
Before drafting, request the receiving bank or title company’s preferred survivorship wording and include it verbatim to avoid administrative rejection or the need for re-execution.
Use precise asset identifiers
For real estate, use the full legal description and parcel number; for accounts, include exact account numbers and institution names to prevent ambiguous transfers and processing delays.
Follow state authentication rules
Verify whether your state requires witnesses, a notary, or remote online notarization (RON) and comply with those steps to ensure recordability and institutional acceptance.
Maintain an audit trail
Retain signed originals or certified electronic copies with timestamps, signer authentication details, and notary records to support enforceability and defend against disputes.

eSignature vendor comparison for completing and submitting the form

A high-level comparison of common eSignature vendors and features useful when choosing a platform to complete, notarize, and submit survivorship documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers to common user questions about acceptance, notarization, and eSigning of a Right of Survivorship Form.


Need help? Contact support

Explore Templates

Transcript Request Form South Africa Army Application Forms 2016-2017 Gwynedd Mercy Transcript Form Lindsey Wilson College Transcript Request Form Haven University Transcript Form National Louis University Transcript Request Form
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.