The Affidavit of Surviving Spouse or Joint Survivor Form is a sworn statement, cited to R.C. 5302.17, that a surviving joint owner gives so that Cuyahoga County reflects the survivor's ownership on its land and tax records. It is one of the Cuyahoga County property tax forms published by the Cuyahoga County Fiscal Officer among its Real Estate Services Forms. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Fiscal Officer.
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What is Affidavit of Surviving Spouse or Joint Survivor Form – Cuyahoga County, OH?
The Affidavit of Surviving Spouse or Joint Survivor Form is a notarized affidavit, headed State of Ohio, County of Cuyahoga and cited to R.C. 5302.17, in which a surviving joint owner states that the other owner has died and asks that the survivor be shown as the fee simple owner of the property.
The form is built around four numbered statements. Item 1 names the joint owners of property held under a duly recorded survivorship or tenancy by entireties deed. Item 2 identifies the property by address, county and Permanent Parcel No. as it appears in the county Auditor's records, and says where the original Survivorship Deed is recorded with the Cuyahoga County Recorder. The legal description is not typed on the form: it refers to an attached Exhibit "A". Item 3 gives the name of the person who died, the date and the place of death, and states that a death certificate has been issued and is attached. Item 4 names the survivor as fee simple owner and requests that this be reflected on the land and tax records of Cuyahoga County.
The affiant signs, and the form is then sworn to and subscribed before a notary public, with a line for the name of the person who prepared it. The Cuyahoga County Fiscal Officer lists this document among its Real Estate Services Forms in the Transfer and Recording department. That page notes that documents must be prepared in accordance with ORC 317.114, Standard format of instruments to be recorded.
Who needs to file Affidavit of Surviving Spouse or Joint Survivor Form – Cuyahoga County, OH?
The main user is a surviving spouse or other surviving joint owner of Cuyahoga County property that was held under a duly recorded survivorship or tenancy by entireties deed. The affiant is the survivor, who swears to the statements and asks that the land and tax records show the survivor as fee simple owner.
Conditions the form itself sets:
- The property must be held by joint owners under a recorded survivorship or tenancy by entireties deed, as stated in item 1.
- One of the joint owners must have died, and a death certificate must have been issued so it can be attached, as stated in item 3.
- The property must be identified by address and Permanent Parcel No., and the recording location of the original Survivorship Deed must be known, as stated in item 2.
- The affiant must be able to swear to the statements before a notary public.
The form does not say that anyone other than the affiant may sign it, and it does not describe other situations. If the property was not held under a survivorship or tenancy by entireties deed, this affidavit does not match the facts it asks you to swear to. Questions about other ownership situations go to the Cuyahoga County Fiscal Officer.
When to file Affidavit of Surviving Spouse or Joint Survivor Form – Cuyahoga County, OH
The triggering event is the death of a joint owner of property held under a recorded survivorship or tenancy by entireties deed. The survivor completes the affidavit once a death certificate has been issued, because the form states that the certificate is attached. No separate deadline is printed on the form. The form also carries a blank date line for the notary, so the affidavit is dated when it is sworn. For any timing question about transfer and recording, see the Transfer and Recording Procedures that the Cuyahoga County Fiscal Officer lists with its Real Estate Services Forms.
Documents you need
- Death certificate of the deceased joint owner: item 3 states that the certificate has been issued and is attached to the affidavit.
- Exhibit "A", the legal description of the property: item 2 says to see the attached exhibit.
- Notarization of the affidavit: the affiant signs and the form is sworn to and subscribed before a notary public.
How to fill out Affidavit of Surviving Spouse or Joint Survivor Form – Cuyahoga County, OH
Enter the affiant's name
On the line at the top, after State of Ohio and County of Cuyahoga, write the name of the person who is being sworn: the surviving owner.
Name the joint owners in item 1
Write the names of the joint owners of the property held under a duly recorded survivorship or tenancy by entireties deed.
Describe the property in item 2
Enter the property address, the county, and the Permanent Parcel No. in the format shown on the form. Then enter where the original Survivorship Deed is recorded with the Cuyahoga County Recorder.
Prepare Exhibit "A"
Item 2 says the legal description is in an attached Exhibit "A". Prepare that exhibit to go with the affidavit.
Record the death in item 3
Write the name of the person who died, the date of death, and the place (city and state) shown on the form's line. The statement that the death certificate is attached means you must include it.
Name the surviving owner in item 4
Write the name of the survivor who is the fee simple owner of the property described above. This is the person asking that the land and tax records be updated.
Sign before a notary public
The affiant signs on the Affiant line only in front of the notary. The notary completes the day, month and year lines and signs as Notary Public.
Add the preparer and review
Enter the name of the person who prepared the form on the Prepared by line. Check names, parcel number and dates against the deed and death certificate, then download or print the completed PDF from FillingPDF and attach Exhibit "A" and the death certificate.
How to submit Affidavit of Surviving Spouse or Joint Survivor Form – Cuyahoga County, OH
The form names no mailing address, portal or office of its own. It asks that the survivor's ownership be reflected on the land and tax records of Cuyahoga County.
- Where the form comes from: the Cuyahoga County Fiscal Officer publishes it on its Real Estate Services Forms page under Transfer and Recording, next to a page titled Transfer and Recording Procedures.
- What the package holds: the notarized affidavit, Exhibit "A" with the legal description, and the death certificate, all of which the form says are attached.
- Format: the Fiscal Officer's page says documents must be prepared in accordance with ORC 317.114, Standard format of instruments to be recorded.
Check the Fiscal Officer's Transfer and Recording Procedures for the current delivery method and any fee. FillingPDF lets you fill out and download the PDF; submission follows the Fiscal Officer's channels.
Common mistakes to avoid
- Signing the affidavit before meeting the notary; the form is sworn to and subscribed in the notary's presence.
- Leaving out the death certificate, which item 3 says is attached.
- Omitting Exhibit "A" with the legal description, which item 2 refers to.
- Leaving the Permanent Parcel No. blank or incomplete, or entering a property address that does not match it.
- Leaving blank where the original Survivorship Deed is recorded with the Cuyahoga County Recorder.
- Naming someone other than the surviving owner as the fee simple owner in item 4.
- Using the affidavit for property that is not held under a recorded survivorship or tenancy by entireties deed, as item 1 requires.
- Preparing the document without following the standard format of instruments to be recorded in ORC 317.114, which the Fiscal Officer's page cites.
Frequently asked questions
What is the Affidavit of Surviving Spouse or Joint Survivor in Cuyahoga County?
It is a sworn, notarized statement cited to R.C. 5302.17 in which a surviving joint owner reports the other owner's death and asks that the survivor be shown as fee simple owner on Cuyahoga County land and tax records.
Who signs the affidavit of surviving spouse or joint survivor?
The affiant, who is the surviving owner, signs it. The signature is made before a notary public, who completes the sworn-to date and signs. The form does not describe any other person signing on the survivor's behalf.
What do I attach to the Cuyahoga County surviving spouse affidavit?
Attach the death certificate, which item 3 says is attached, and Exhibit "A" with the legal description of the property, which item 2 refers to. The affidavit itself must be notarized.
Does the affidavit have to be notarized?
Yes. The form ends with a sworn-to-and-subscribed block for a notary public, so the affiant must sign in the notary's presence. An unnotarized copy does not complete that block.
What kind of deed does this affidavit cover?
Item 1 covers joint owners of property held under a duly recorded survivorship or tenancy by entireties deed. Item 2 asks where the original Survivorship Deed is recorded with the Cuyahoga County Recorder.
Where do I get the Cuyahoga County surviving spouse affidavit form?
The Cuyahoga County Fiscal Officer publishes it among its Real Estate Services Forms in the Transfer and Recording department. The same page lists other forms, such as the Change of Name Form and the Transfer on Death Designation Affidavit.
Is there a filing deadline for this affidavit?
No deadline is printed on the form. It is completed after a joint owner dies and a death certificate is issued. For timing and delivery questions, consult the Fiscal Officer's Transfer and Recording Procedures.
Can I fill out the affidavit online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Fiscal Officer and does not notarize, file or record the affidavit; you submit it through the Fiscal Officer's channels.
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