The Affidavit of Surviving Spouse or Joint Survivor is the Summit County Fiscal Office form on which a surviving owner swears that a joint owner has died and asks that the county's land and tax records show the survivor as fee simple owner. It is one of the Summit County property tax forms listed on the Fiscal Office forms page, and the form cites O.R.C. 5302.17. It applies to property held under a recorded survivorship or tenancy by entireties deed. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the Fiscal Office publishes the original at the official link below.
Last updated
What is Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH?
The Affidavit of Surviving Spouse or Joint Survivor is a sworn statement, citing O.R.C. 5302.17, in which a surviving owner states that a joint owner has died and asks that the land and tax records of Summit County show the survivor as owner.
The Summit County Fiscal Office publishes it on its forms page under the listing "Surviving Spouse or Joint Survivor", and the printed title on the PDF reads "Affidavit Naming Surviving Spouse or Joint Survivor". The Fiscal Office describes its effect this way: when a person holding real property as a survivorship tenant dies, the transfer (affidavit) of the interest of the decedent is removed from the record.
The affidavit has four numbered statements:
- the two joint owners hold the property under a duly recorded survivorship or tenancy by entireties deed;
- the property is identified by name, location, parcel number, Alt ID number and the recording details of the original survivorship deed (volume, page, reception number, registered land);
- one owner died on a stated date, and a certified death certificate has been issued and is attached;
- because of that death, the named survivor or survivors are the fee simple owner or owners of the property.
A notary public's acknowledgment for the State of Ohio, County of Summit, closes the form. The Fiscal Office's listing says this form requires a DTE 100 EX.
It is not the Survivorship Deed, which is the separate form that defines the interest of the grantees, and it is not the Affidavit of Confirmation, which the Fiscal Office lists for property that carries a Transfer on Death Designation Affidavit.
Who needs to file Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH?
The main group is the surviving owner or owners of Summit County real property that two or more people held under a duly recorded survivorship or tenancy by entireties deed, after one of them has died. The affiant who signs the form swears to the facts in the four numbered statements and asks that the death be reflected on the land and tax records of the County of Summit.
You need the form only if the property was held that way. The first statement of the affidavit says the owners hold the property under a recorded survivorship or tenancy by entireties deed, and the form asks for the volume, page and reception number where that deed is recorded.
Do not use this form for property that carries a Transfer on Death Designation Affidavit. The Fiscal Office lists a separate Affidavit of Confirmation for the case where a person holding real property with a Transfer on Death Designation Affidavit dies, to be completed together with the Medicaid Estate Recovery Form.
The affiant must sign and print a name on the form and appear before a notary public for the acknowledgment. The form does not describe any other person who may sign in the affiant's place.
When to file Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH
The triggering event is the death of one joint owner of property held under a recorded survivorship or tenancy by entireties deed. The affidavit states the date of death in item 3 and says a certified death certificate has been issued and attached, so it can be completed only after the death and once that certificate is available. No separate due date is printed on the form, and the Fiscal Office's listing gives none for it. Because the listing says the form requires a DTE 100 EX, prepare that form at the same time as the affidavit. The form's revision date, printed as Revised 3/2013, appears on both pages of the PDF, so use the copy the Fiscal Office currently publishes.
Documents you need
- A certified death certificate for the deceased owner, attached to the affidavit; item 3 states that it has been issued and attached.
- DTE 100 EX (Conveyance Fee Statement, exemption), which the Summit County Fiscal Office's listing says this form requires.
How to fill out Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH
Enter the affiant's name
On the opening line, write the full name of the person making the sworn statement ("I, ____, being first duly sworn").
Name the joint owners
In item 1, write the names of the two joint owners who held the property under a duly recorded survivorship or tenancy by entireties deed.
Describe the property and its location
In item 2, enter how the property is known, then the place it is situated in ("the ____ of ____, County of ____"). The State of Ohio is already printed.
Add parcel and deed recording details
Enter the Parcel # and Alt ID#, then the Volume, Page and Reception Number where the original survivorship deed is recorded. Fill in the Registered Land line as the form asks.
Identify the deceased owner
In item 3, write the name of the owner who died and the date of death. Attach the certified death certificate the item refers to.
Name the surviving fee simple owner
In item 4, write the name or names of the surviving owner or owners, who by virtue of that death hold the property in fee simple.
Sign and print the affiant's name
Sign on the line above "Signature of Affiant" and print your name on the "Printed Name of Affiant" line. Sign when you appear before the notary.
Leave the notary section to the notary
The State of Ohio, County of Summit block is for the notary public: the name of the person who appeared, the day, month and year, the notary's signature and the commission expiration date.
Complete the preparer line
Fill in the line under "This instrument was prepared by:" with the name the form calls for.
Review, download and print the PDF
Check names, dates, parcel number and recording details against your deed and the death certificate. Download or print the completed PDF from FillingPDF, then have it notarized and assemble it as described under How to submit.
How to submit Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH
The form prints no mailing address, online portal or appointment rule, so confirm the delivery channel with the Summit County Fiscal Office before you send it. What the form and the Fiscal Office's forms page do state:
- Where to find the form: the Fiscal Office publishes it on its forms page, https://fiscaloffice.summitoh.net/forms, under "Surviving Spouse or Joint Survivor".
- What goes with it: the certified death certificate referred to in item 3, and a DTE 100 EX, which the Fiscal Office's listing says this form requires.
- Before you submit: the affiant signs and prints a name, and the notary public completes the acknowledgment with a signature, official seal, date and commission expiration.
FillingPDF lets you fill out and download the PDF; submission follows the Fiscal Office's requirements described above.
Common mistakes to avoid
- Leaving out the certified death certificate, even though item 3 states that it has been issued and attached to the affidavit.
- Submitting the affidavit without a DTE 100 EX, which the Fiscal Office's listing says the form requires.
- Using this affidavit for property that carries a Transfer on Death Designation Affidavit, which the Fiscal Office handles with the separate Affidavit of Confirmation.
- Leaving the parcel number, Alt ID number or the deed's volume, page and reception number blank, so the property and its recorded survivorship deed cannot be identified.
- Entering the surviving owner's name in item 3 instead of the name of the person who died, or the reverse in item 4.
- Signing without a notary public present and leaving the acknowledgment block (county, date, signature, commission expiration) incomplete.
- Filing it for owners whose deed is not a survivorship or tenancy by entireties deed, which is the only basis the first statement recognizes.
Frequently asked questions
What is the Affidavit of Surviving Spouse or Joint Survivor?
It is a sworn statement, citing O.R.C. 5302.17, that a surviving owner signs after a joint owner dies. It asks the Summit County Fiscal Office to reflect on the land and tax records that the survivor is the fee simple owner of property held under a survivorship or tenancy by entireties deed.
Who needs to file the Summit County surviving spouse affidavit?
The surviving owner or owners of property held under a recorded survivorship or tenancy by entireties deed, after the other owner has died. It does not fit property with a Transfer on Death Designation Affidavit; the Fiscal Office lists an Affidavit of Confirmation for that case.
Do I have to attach a death certificate?
Yes. Item 3 of the affidavit states that a certified death certificate has been issued and attached, so the certificate for the owner who died goes with the form. The form gives the deceased owner's name and date of death in the same item.
Does the affidavit have to be notarized?
The form is written to be notarized. It opens with the affiant being first duly sworn and ends with a State of Ohio, County of Summit acknowledgment for a notary public, who completes the date, signature, seal and commission expiration.
What other form goes with the surviving spouse affidavit?
The Summit County Fiscal Office's listing for this form says it requires a DTE 100 EX, the conveyance fee statement for exemptions. Check the Fiscal Office's forms page for the current DTE 100 EX and its instructions.
What is the difference between this affidavit and a Survivorship Deed?
The Survivorship Deed defines the interest the grantees obtain and places a deceased owner's interest in the survivor. This affidavit comes after a death: it names the survivor and asks that the decedent's interest be removed from the record. The Fiscal Office lists each separately.
Can I fill out the Summit County surviving spouse affidavit online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Summit County Fiscal Office and does not file the affidavit; you deliver it through the Fiscal Office's channels after it is notarized.
Where do I submit the affidavit in Summit County?
The form prints no address or portal. The Summit County Fiscal Office publishes the form at https://fiscaloffice.summitoh.net/forms, so confirm with that office where and how to deliver the notarized affidavit, the death certificate and the DTE 100 EX.
Ready to fill out Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH?
Fill out Affidavit of Surviving Spouse or Joint Survivor – Summit County, OH now