An Affidavit of Death is a legal document completed by the deceased person's heir, successor, or another individual who has personal knowledge about this person's death to certify under oath that the individual indicated in the affidavit has passed away. It is usually used in circumstances involving the transfer of the deceased's property when it is necessary to take care of their estate and other legal affairs.
If you need to file an Affidavit of Death Form, download a ready-made template through the link below.
A Death Affidavit is accepted by businesses, courts, and various entities as notification of an individual's death with or without a death certificate. For instance, it is needed for the deceased's creditors and insurance companies so that the family member, beneficiary, or successor may receive the deceased's benefits, obtain ownership of inherited assets, collect life insurance payments, or pay off the deceased's debts.
To create a proper Death Affidavit, include this information in your document:
One of the most common situations for using a Death Affidavit is a joint tenancy. When a married couple holds their real property in joint tenancy and one of them dies, the other spouse becomes the sole owner of that estate. An Affidavit of Death of Joint Tenant is completed to notify the county property assessor and title company in order to modify the existing title and make the surviving spouse the only legal owner of the house or apartment.
In case a married couple holds property using a living trust as co-trustors and one spouse dies, the property and assets go to the surviving spouse. An Affidavit of Death of Trustee is a similar document that allows the surviving trustor to confirm their spouse has died and they now own all the property and assets previously jointly held by the couple.
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