21-44-27. Termination of spousal joint tenancy by any interested person. If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following:
(1) The name and date of death of the deceased joint tenant;
(2) The legal description of the real property held in joint tenancy;
(3) The name of the surviving spouse of the deceased joint tenant;
(4) That the surviving spouse of the deceased joint tenant is the sole surviving joint tenant in the real property.
The affidavit shall be accompanied by a certified copy of the death certificate of the deceased joint tenant. The affidavit may be filed in lieu of the report required by § 10-41-17.
Source: SL 1995, ch 119; SL 1996, ch 149; SL 1999, ch 114, § 1.
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