Affidavit of Death Form

Here are some definitions that may be useful to know:

Affidavit – a legal document used to make a written statement, which is sworn under oath to be true.

Heirship – the legal right to inherit assets after someone related with you dies.

Beneficiary – a person named to receive property or other benefits from the decedent.

Probate court – a judicial system segment that takes care of a legal process in which the estate is administered and divided among the heirs and beneficiaries.

Transfers on death deed – legal documents that help arrange who will get the real property after the current owner dies. They usually turn real estate into a non-probate property.

Joint tenancy – refers to ownership of an equal share of the entire property.

When to Use an Affidavit of Death

Affidavit of death forms are useful when you need to prove someone’s death. Usually, these legal documents come in handy when necessary to transfer the title on the decedent’s property or other assets to the beneficiary. The most common situations are the following:

• You need to transfer assets to a surviving spouse. 

An affidavit of death allows a surviving spouse to get the decedent’s property and access to the checking account, as well as remove the deceased’s name from joint credit cards or bank accounts. For the most part, it would be relevant if someone resided in the state with community property law and died without the last will. In this case, an affidavit of death of a spouse would provide the implicit transfer of assets to the surviving spouse.

• You need to transfer the property of a living trust.

A person uses a living trust to manage the estate while they are still alive and coordinate the estate distribution after they die. A married couple usually creates a living trust together, so both spouses are considered to be co-trustees. Therefore, if one of them dies, an affidavit of death of the trustee will pass the living trust property to the surviving trustee.

• You need to change the title of a joint tenancy. 

When people decide to own the real property together, they agree to a joint tenancy. The parties are not exclusively a married couple—it can also be family members or close friends. In case one of the owners dies, an affidavit of death of joint tenant helps another owner to address the title company and change the title to the sole ownership of the property.

• You need to use a transfer on the death deed.

A transfer on a death deed, also known as a beneficiary deed, is a good way to avoid the probate process. It’s similar to the last will and helps transfer a person’s real estate after death to a beneficiary. However, unlike with the will, appointed beneficiaries can get their inheritance by only completing an affidavit of death of the grantor (deceased property owner). Note that this type of affidavits is applicable only in certain states. You are recommended to check the state law before filing the document.

An affidavit of death can help when someone passes away intestate, that is, without leaving a will. In some states, this form is combined with an affidavit of heirship, allowing a legal heir or related beneficiary to claim the decedent’s estate without addressing probate court.

Even if the deceased person leaves the last will, filing an affidavit of death will help you go to court and start the probate process immediately, not waiting weeks or months for the death certificate.

What Information an Affidavit of Death Should Contain

As mentioned above, you can use an affidavit of death in different cases. Each of the documents requires specific components to include. For example, an affidavit of the death of a spouse may contain marriage details. Nevertheless, the following information has to be included no matter the situation.

• Affiant. This section describes the person taking care of the document preparation, including the name and address. It can be a beneficiary to the decedent’s property, such as a family member or surviving spouse, or a third party. The affiant is expected to be of legal age and close to the decedent.
• Decedent. The essential component is to provide the decedent’s name and when and where the decedent died. Depending on the affidavit type, you can also include other details, like joint property ownership or marriage information if you are the surviving spouse.
• Legal description of the property. This part is included in affidavits used to transfer the decedent’s real estate or property title, like an affidavit of death of the joint tenant. If the estate owner signs the transfer on the death deed, you can search the description of the property there. You have to use a legal property description to define the parcel of land’s boundaries correctly.
• Jurisdiction. It’s important to indicate where the affidavit is created and signed because different jurisdictions have their specific requirements regarding the forms and death certificates.
• Notary. The affidavit of death must include a notary public signature and verification.
• Proof of death. In order to get access to and manage the decedent’s assets, you need to attach to the forms acceptable proof that the decedent has passed away, such as a death certificate.

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Before You Start: What to Have Ready

A few minutes of preparation make the template quick to complete. Put the items below on your desk before you open it, so you can copy each detail exactly as it appears on your papers.

• A copy of the certified death certificate, because the template refers to it as Exhibit A
• Your full legal name and home address, as they appear on your ID
• The decedent’s full name and the date of death
• The account or asset details for item 8, such as the institution name and the account number
• A pen with dark ink, if you plan to fill in the printed copy by hand

Filling Out the Affidavit of Death

The steps below follow the FormsPal affidavit of death template that you can download on this page. The template is two pages long, so filling it in takes only a few minutes. Match each entry to your ID and the death certificate, and read every line once more before you print.

The screenshots under each step show the FormsPal Affidavit of Death template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Affiant and decedent details

   Enter the state, county and date at the top of page 1. Then type your legal name and home address in items 1 and 2. In item 3, enter the decedent’s name and the date of death. The template refers to a certified death certificate as Exhibit A, so keep a copy ready to attach.

   

   

   

2. Estate value and debts

   In item 5, enter the approximate value of the estate as a dollar amount. In item 6, mark either "have" or "have not" to show whether the decedent’s unsecured debts, including final medical, funeral and burial expenses, have been satisfied.

   

   

3. Accounts or assets (item 8)

   Use the description lines under item 8 to identify the account or other asset you are claiming as successor to the decedent’s interest. For real property, add its legal description. Please take into account that it’s not a mailing or physical address. You should search this information in the deed record in the office where the real property is located.

   

4. Signature and notary block (page 2)

   On page 2, sign and print your name under "In witness whereof." In the acknowledgment, enter the state, the county, the day, the month and year, and your name after "by." Leave the Notary Public line for the notary.

   

   

5. Notary commission expiration

   The last line on page 2, "My commission expires," belongs to the notary. The notary enters the commission expiration date there.

   

How to Sign and Use the Affidavit of Death

Once the template is filled in, print it and read every line once more. Check that the names, dates and account details match the death certificate and your records. Please take into account that you must notarize the affidavit and record the documents in the county office.

1. The last step is to date, sign, and notarize the affidavit.
2. If the affidavit is connected with the assets transferring or property title removal, the law requires you to file the created document in the county recorder’s office.
3. Please attach the other relevant documents, like a certified copy of the death certificate, a copy of survivorship, or a transfer on the death deed.

You are free to obtain legal help and check the state law during the process. Keep a signed copy with the other estate papers.

Our notary acknowledgment forms show how the notary section of a document is usually laid out. If you are also working on the estate itself, you may want to look at the small estate affidavit or the affidavit of heirship.

Frequently Asked Questions

An affidavit of death is a short document with nine numbered items, a signature line and a notary block. Most questions come up around the same few items, such as the estate value, the debts choice and the account description.

What is an affidavit of death?

An affidavit of death is a sworn written statement that a person has died. It names the decedent, gives the date of death and carries the signature of the person who prepares it, called the affiant.

Can I fill out the affidavit of death form online?

Yes. Select Create My Document, answer a few simple questions, and the builder prepares the form for you. You can save your progress, finish on any device, and then download and print the result. You can also download the PDF and fill it in with our online PDF editor.

What goes in item 5 of the affidavit of death?

Item 5 asks for the approximate value of the decedent’s estate subject to probate. Enter your best estimate as a dollar amount, net of liens and encumbrances, as the item describes.

What do the have and have not boxes in item 6 mean?

Item 6 is about the decedent’s unsecured debts, including final medical, funeral and burial expenses. Mark the box that matches the situation, either that the debts have been satisfied or that they have not been satisfied.

What do I write in item 8?

Item 8 is where you name the account or other asset you are claiming as successor to the decedent’s interest. Use the description lines to list each account or asset with enough detail to identify it, for example:

• The name of the bank or institution
• The account number or other identifier
• The type of asset

What proof of death goes with the affidavit?

The template refers to a certified copy of the death certificate as Exhibit A, so it is the proof of death to keep with the signed affidavit. Add any other papers that support your claim to the account or asset.

Who fills in the notary section?

You enter the state, the county, the date and your name in the acknowledgment block. The notary completes the Notary Public line and the commission expiration date.

General information, not legal or tax advice.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.