What Is an Affidavit of Death?
An affidavit of death is a legal document certifying that someone has passed away. It notifies courts, banks, and businesses of someone’s passing. This document helps close accounts, access benefits, or take ownership of property. Someone with firsthand knowledge of the person’s death fills out and signs the form. They also include an official copy of the death certificate.
Without an affidavit, a business or agency may not allow you to act on the deceased person’s behalf. You may have trouble selling property, closing bank accounts, or transferring property. Our affidavit of death form helps you handle a decedent’s legal affairs and estate with confidence.
When to Use an Affidavit of Death
After someone passes away, their loved ones need a way to handle their financial and legal matters. An affidavit of death helps make this process smoother by providing a formal way to prove the person has died. This document is useful for:
- Transferring the deceased person’s property and assets to their heirs or beneficiaries
- Closing or transferring bank accounts, investment accounts, or other financial assets
- Notifying government agencies to stop benefits
- Starting the insurance claims process
- Handling other matters where the deceased had debts, claims, or interests
Benefits of an Affidavit of Death
An affidavit of death is for everyone’s protection, as it reduces the likelihood of fraud in a court or business. It also speeds up property transfer and distribution, making it easier to settle legal matters and close out the person’s estate.
How to Get an Affidavit of Death
Start obtaining an affidavit of death by downloading Legal Templates’s form. Once you have the blank form, gather information about the deceased person and the reason for filling out the affidavit. Be sure to acquire a certified copy of the deceased person’s death certificate to prove the death occurred. Attach this copy to your affidavit.
Then, seek notarization and file in the appropriate office. Depending on the reason for the affidavit, you may need to file your notarized death affidavit with a county recorder’s office, court, or financial institution.
Types of Affidavits of Death
Affidavits of death are commonly used to transfer property after someone passes away. The specific type of affidavit depends on who owned the property and who has the right to receive it.
Joint Tenancy
When to use: If the deceased property owner held a title as joint tenants.
Most often, couples hold their homes in “joint tenancy.” This means that when one spouse dies, the other spouse becomes the sole owner of the property. An affidavit of death of a joint tenant allows the surviving spouse to file a notice with the title company and the county property assessor.
The title is then changed only to reflect ownership of the surviving spouse. Affidavits of death of joint tenancy are essential because the home cannot be transferred without the consent of all title owners.
Trustee
When to use: If the deceased property owner held a title in a living trust.
When two married people establish a living trust, they are co-trustors. If one spouse dies, the property in the trust passes to the surviving trustor, who becomes the sole owner of the property. If no co-trustor is identified, such as when a single person has a living trust, the property will pass to a successor trustee.
Once the owner dies, the successor trustee is responsible for disbursing the property in the trust to the designated beneficiaries. An affidavit of death of the trustee establishes the trustee’s death and helps transfer property to the rightful beneficiaries.
Death of Spouse
When to use: If the deceased property owner held title as community property with the right of survivorship.
An affidavit of death of a spouse allows the surviving spouse to remove the deceased spouse’s name from joint credit cards, bank accounts, and other accounts. This affidavit also permits the transfer of funds from an account solely held by the decedent to a lawful spouse (barring a last will instruction leaving the account’s contents to someone else).
If the state operates under community property laws, a couple’s property equally belongs to both. If the state is governed by the rights of survivorship, the affidavit of death of a spouse passes all community property directly to the living spouse. Additionally, an affidavit of death of a spouse provides proof of eligibility for surviving spouse retirement benefits.
Death of Grantor
When to use: If the deceased property owner filed a beneficiary deed (or transfer-on-death deed).
Some states allow for “transfer on death.” For example, a person may have a checking account or savings account in their name only. Some state laws allow an account holder to designate someone as the person who receives the money in the account upon their death.
This is called a transfer of death provision. In this situation, an affidavit of death of the grantor transfers the property to the designated individual.
Transfer-on-Death Deed
Use a transfer-on-death deed to pass on the property and avoid probate.
Death Intestate
When to use: If the deceased property owner passes away without making a valid will or leaving specific instructions for distributing their assets upon death.
Each state has kinship laws that determine how a deceased person’s property is distributed when they die without a will. In most states, if a single person with no children dies, their property goes to their parents. If both parents are alive, they usually inherit equally. If only one parent is alive, they may inherit everything. If both parents have passed, the property generally goes to the siblings.
An affidavit of death intestate permits the lawful transfer of property (such as a motor vehicle) to a rightful heir, who identifies as the legal successor based on state intestacy laws. Several states offer slightly different documents to transfer vehicle titles when someone dies without a will.
How to Fill Out an Affidavit of Death
Filling out an affidavit of death form will help you communicate the passing of a loved one so you can square away their legal or financial affairs. Learn how to write this form below.
1. Fill in Affiant Information
The first step in filling in an affidavit of death is to provide your information as the affiant. You should fill in your name and role in the estate. Using our template, you can identify yourself as one of the following:
- Executor
- Administrator
- Heir
- Survivor
2. Provide the Decedent’s Information
The next step is providing information about the deceased person. You need to be able to provide their name, date of death, residence at the time of death, and the length of their residence at the given address.
You must also provide their social security number. You can fill it out online via our template or write it in later after printing out the form.
3. Describe the Purpose of the Affidavit
Specify why you’re writing the affidavit. Typically, an affidavit of death is created to secure the transfer or delivery of the decedent’s:
- Real property at the time of their death
- Securities at the time of their death
- Bank accounts at your financial institution
Remember to attach a list of the estate you claim and the certificate of death as exhibits when filling this section.
4. Add in the Final Details
The last section consists of filing in the governing law of the affidavit and the date the document has been created. In a dispute, the court will follow the laws of the governing state to reach a resolution.
5. Notarize the Document
The affidavit of death must be signed in front of a notary. Having the affidavit notarized confirms your identity and gives it more legal weight. It helps prevent fraud and ensures the affidavit will be accepted by banks, title companies, or government offices.
Affidavit of Death Sample
View a free affidavit of death template below to know how to fill one out. When you’re ready, create your own custom form using our document editor.
Simplify the Legal Steps After Loss
LegalTemplates makes it easier to navigate paperwork during a difficult time. Our affidavit of death form is simple to fill out at your own pace in your secure account. When you’re ready, just print it, sign it in front of a notary, and it’s ready to be filed with the appropriate agency or office. By providing an easy-to-use template, we ensure the affidavit is clear, complete, and ready to officially document your loved one’s passing.
Frequently Asked Questions
Who signs an affidavit of death?
The person who signs an affidavit of death is the affiant and must have some relationship with the decedent. For example, they can be a family relative or a friend who has known the decedent for a long time.
How do I get a certified copy of the death certificate to accompany the affidavit of death?
State laws govern who can obtain a death certificate from the Department of Vital Records. Some states limit who can get a death certificate to “qualified applicants.” Typically, qualified applicants must be directly related by blood or marriage, to the decedent or have a legal relationship with the deceased, such as a court-ordered guardian or attorney of record. Other states do not limit access.
The Center for Disease Control and Prevention maintains individual state and territory information on who to contact to obtain vital records.
How do I know if I or someone else should execute an affidavit of death?
The person who fills out and signs an affidavit of death should have personal knowledge of the decedent’s passing. They should understand all facts as outlined in the document and be competent to sign the form. If you don’t have firsthand knowledge, you aren’t the appropriate person to complete the affidavit.
