What a joint survivorship deed means in Vermont

A joint survivorship deed (a deed that creates a joint tenancy with right of survivorship) normally passes title automatically to the surviving owner(s) when one owner dies. The survivorship right operates outside of probate: the deceased co-owner’s interest does not pass through their will or intestacy if the deed clearly created a right of survivorship.

Why you may need to re-record or update the deed

Although ownership passes automatically at death, the deed on the town land records will still show the names as they were originally recorded. Recording an updated document (commonly an affidavit of survivorship, an amended deed, or an administrator’s/executor’s deed if probate is required) makes the town records match the current legal owner and helps clear title for selling, refinancing, or updating tax records.

Step-by-step process to update the recorded deed in Vermont

1. Obtain a certified death certificate.

   Get an official certified copy of the deceased co-owner’s death certificate from the Vermont Department of Health or the agency that issues vital records. The recording office usually requires a certified death certificate to prove the death.

2. Confirm the deed language and chain of title.

   Carefully read the currently recorded deed. Does it expressly create a joint tenancy or state “with right of survivorship” or similar language? If it does, survivorship likely applies. If the language is ambiguous, you may need legal help. Obtain a copy of the current recorded deed and any related instruments in the land records at the town clerk’s office where the property is located.

3. Contact the local town clerk (land records office).

   In Vermont, town clerks typically maintain land records and accept recordings. Ask the clerk what form they accept to evidence a death and record a change in ownership (many towns accept an affidavit of survivorship or an affidavit of death of a joint tenant plus the certified death certificate). Ask about recording fees and any local requirements.

4. Prepare the appropriate recording document.

   Options include:

   • Affidavit of Survivorship / Affidavit of Death of Joint Tenant: A sworn statement by the surviving owner(s) stating the deceased’s death, the recorded deed details, and that survivorship applies. Attach the certified death certificate. This affidavit is often enough to update the recorded owner name.
   • Amended or Confirmatory Deed: A new deed (such as a quitclaim or corrective deed) from the surviving owner(s) reconfirming sole ownership. This deed must be signed and notarized and then recorded.
   • Administrator or Executor’s Deed: If the deed did not create survivorship or title is disputed, property may need to pass through probate and be conveyed by an administrator/executor.

   If you prepare documents yourself, follow the town clerk’s formatting rules, include a legal description of the property, and sign before a notary.

5. Record the documents with the town clerk and pay fees.

   File the affidavit or new deed, attach the certified death certificate when required, and pay recording fees. The town clerk will stamp and record the document. Recording updates the public record and helps avoid later title problems.

6. Notify other parties and update related records.

   After recording, send copies to the mortgage lender (if any), the local town assessor or lister to update tax records, and your title insurance company (if applicable).

7. Resolve complications that may require probate or legal help.

   If the deed did not clearly create survivorship, if multiple deaths occurred in a short time and survivorship order is unclear, if the deceased left a will that conflicts with the deed, or if creditors or liens exist, you may need to open a probate estate in Vermont for clear title. Consult a Vermont probate attorney if the situation is not straightforward.

Vermont statutes and resources to consult

Vermont law on probate and estate administration appears in Title 14 (Probate), and statutes governing property and recording appear in Title 27 (Property). For general reference, see the Vermont Legislature’s statute titles:

• Vermont Statutes, Title 14 — Probate
• Vermont Statutes, Title 27 — Property

For court procedures and probate information, see the Vermont Judiciary: Vermont Judiciary. For local recording and land records guidance, contact the town clerk where the property lies.

When you should talk to a Vermont attorney

Consider speaking with a Vermont lawyer if any of these apply:

• The deed language is unclear about survivorship.
• Multiple owners died and it’s unclear who survived whom.
• There are competing claims to the property or recorded liens.
• You need to clear title for sale or refinance and the title company requests a legal opinion or probate order.

Helpful Hints — quick checklist before you record

• Get certified copies of death certificate(s) first — town clerks almost always ask for them.
• Pull a copy of the currently recorded deed from the town clerk’s land records before preparing anything.
• Ask the town clerk what form they accept (some towns provide a template affidavit).
• If you plan to prepare a new deed, include the full legal description exactly as it appears on the recorded deed.
• Record the affidavit or deed in the same town land records where the original deed is recorded.
• Keep certified copies of recording confirmation and send them to lenders, title insurers, and the town assessor.
• If a title company is involved in a sale or refinance, coordinate with them early — they may require additional documentation.
• If you’re unsure, a short consultation with a Vermont real estate or probate attorney can save time and expense later.