An Affidavit of Death is used to notify businesses, courts, and other places of someone's death. This legal document is a sworn statement that legally states someone has passed away. This form is typically used in conjunction with a certified death certificate.
This death document may be needed for insurance companies or companies that the deceased owed a debt to. This death form can allow a family member or beneficiary to receive their benefits sooner, take ownership of inherited property, or close the deceased's accounts.
An Affidavit of Death is usually easy to fill out and sign. You will need the name of the deceased party, their time and location of death and your affirmation that these facts are true.
An Affidavit of Death may also be referred to by one of the following names:
When someone dies, their estate must be disposed of. An Affidavit of Death is the document typically used to prove that someone has died for the purpose of winding up their affairs, as well as, transferring and distributing their estate, including:
An Affidavit of Death is most commonly used in situations involving the transfer of property from the decedent’s estate to his or her beneficiaries in a variety of ways, including:
Many institutions that require and Affidavit of Death will also require a certificate of death. A certificate of death is usually available from the office of your county recorder or county clerk.
An Affidavit of Death should include the following basic information:
An Affidavit of death can also incorporate additional information depending on the purpose for which the affidavit will be used, for example, details pertaining to real estate, personal property, vehicles, bank accounts, and other assets owned by the decedent.
This Affidavit must be filled out by someone, referred to as the Affiant, who must attest under oath that the decedent has died and that they have a lawful claim to a part of the decedent's estate. This Affiant must include information regarding the decedent’s identity, where they died, his or her social security number, etc.
You can look at a sample affidavit online or work with a probate lawyer to ensure that your affidavit of death contains all the important information.
The Affiant must also supply the date upon which the decedent died and an attached copy of the decedent's death certificate. Lastly, the Affiant may provide information regarding the decedent's estate, including the value and description of any assets that they are claiming.
Once the Affidavit of Death is completed, the Affiant must sign it before a notary public. Once this is done, the Affiant can use the document with the courts, banks, and other institutions with which the decedent had a financial interest, debts, or a claim.
There are really no laws and regulations outlining exactly what must be included in an Affidavit of Death. There are, however, certain widely recognized strategies for drafting these documents, such as ensuring that the information provided within is persuasive enough to convince anyone who reads it that the Affiant possesses sufficient and reliable information regarding the decedent's death.
Issues involving inheritance and claims to a deceased person's estate are are subject to state probate law. Therefore, before making a claim to someone's estate, the Affiant ought to be certain that the estate has already been properly probated.
Without an Affidavit of Death, you may not be allowed to act on the decedent's behalf in certain situations, including but not limited to:
An Affidavit of Death protects everyone involved by reducing the possibility of fraud. In addition, it expedites the transfer and distribution of a person’s estate and the winding up of their affairs after they have died.
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