Affidavit of Surviving Spouse

is a sworn, notarized statement created pursuant to Section 45-3-1205, and is used to transfer title of a marital home that is community property, but is held as sole property or as tenants in common, to a surviving spouse without the need for a probate. This affidavit is recorded in the county clerk's office where the property is located, and must be accompanied by the will of the decedent, if any, a copy of the deed to the subject property, and an original death certificate. This affidavit cannot be done prior to six months after the death, must include statements as to the payment of debts and tax and has restrictions as to value of the property. Also called Homestead Affidavit.