Affidavit of Death Form

Affidavit of Death Form

What Is an Affidavit of Death?

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.

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How to Write an Affidavit of Death?

To create a proper Death Affidavit, include this information in your document:

  1. Indicate the location where the Affidavit of Death was completed and signed.
  2. State your name and address and certify you are of legal age.
  3. Write down the name of the deceased individual, residential address at the time of death, their dates of birth and death, and social security number. Add the place of death - state, county, and city. Attach a copy of the death certificate to confirm the date and place of death.
  4. Provide details regarding the deceased's estate. Include a full description of the assets and their value.
  5. Name the deceased's heirs if the purpose of your affidavit is to pass the property from the estate to them.
  6. Confirm the statements in the affidavit are true and correct to the best of your knowledge.
  7. Sign and date the form in the presence of a notary public. Once this is done, you may use the document freely when communicating with various institutions to manage the deceased's estate.

How to Fill Out an Affidavit of Death of Joint Tenant?

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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