How to Create an Affidavit of Death Form (Free Template)

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An affidavit of death is a sworn statement written by a person (relative, close friend, associate) with personal knowledge of someone’s demise, which legally declares that someone has passed away. In the event of a person’s death, other than a death certificate, an affidavit is formally used to announce their demise.

Other names that are used to refer to a death affidavit include;

  • Death affidavit of joint tenancy
  • Death affidavit of trustee
  • Death affidavit of a spouse
  • Death affidavit of the grantor
  • Death affidavit of instate
  • Death affidavit of death and heirship
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Why Is a Death Affidavit Necessary?

Now you are maybe wondering why do I, or we need a death affidavit. There are several reasons, rather formal, which require an affidavit to either proceed or cease after the demise of the deceased. It is imperative to note that a death affidavit is used in different situations, accompanied by a certificate of death.

The situations include;

Closure of bank accounts

When a person passes away, their bank accounts remain active until a bank is notified. This means in cases where there were loans, savings, or other pending transactions; they are still formally active. A death affidavit is used to notify the bank of the person’s demise so that they can take the necessary steps, e.g., cancel transactions or transfer accounts to the next of kin.

Passing property to heirs

In cases where the deceased had property, legally, the transfer of ownership cannot be made unless the court or lawyer is presented with a death affidavit. It is to be noted that it only opens up the distribution of property as outlined in the deceased’s will.

To windup business matters

In some cases, death is unforeseen and can happen while the deceased was still making business transactions. Letting the involved parties know of the death is important so that they can decide on ways to go about any personal obligations of the deceased such as debts, interests, claims, agreements, etc. 

Selling of property

In case there is a property that the deceased was a sole or joint owner, a death affidavit is required for the process to move forward. This gives the trustee, if any, permission to make decisions regarding the matter at their convenience.

Transferring of bank accounts

Some banks may be eligible for transfer to the next of kin or the person other than the deceased that was declared as an owner under such circumstances. A death affidavit presented to the bank grants them permission to transfer the account(s).

Access to deposit accounts

Should the deceased’s family want to access the deceased’s deposit accounts, they should provide a death affidavit that shows that someone in the family can confirm that the account holder has passed away.

Joint tenancy

Joint tenancy is a form of ownership/tenancy by two or more individuals in which they share in the asset belonging to any of the owners passes automatically to the other owners upon death, without requiring probate. Probate is a legal process used for verifying the legality of a will. This is a form of ownership prevalent with couples and marriages. A death affidavit can be used to transfer ownership from joint to sole ownership.

Trustee

A trust is an estate devised/ granted in the belief that the devisee or grantee shall transfer it or dispose of the proceeds, at the will, or for the benefit of another. A trustee is legally committed to the trust. Usually, couples hold their property in trust as co-trustees. Upon the death of one of the partners, the other presents a death affidavit to formally announce the death of their partner and establish sole ownership of the trust. The trustee can then distribute the property in the trust to the right beneficiaries.

Spouse death

The other way that a death affidavit can be useful to the surviving spouse is when they wish to remove the spouse’s name from joint bank accounts, investment accounts, and such, which would otherwise be inaccessible without the two spouses’ consent. Also, in the absence of a will or a Transfer on Death designation and they wish to transfer funds from their solely-held spouse’s accounts. For a spouse to receive their deceased spouse’s retirement benefits like pension or 401k, they must provide a death affidavit to be eligible.

Death of grantor

In some instances, people tend to leave a Transfer on Death designation to people they hold dear, foundations for funds in their accounts. For a beneficiary to receive this money, a death affidavit must be provided.

Death intestate

Death intestate means a situation where a person has passed on without leaving a valid will indicating to whom they have left their estate. States have different “intestacy” laws that dictate how property left behind should be distributed on the basis of kinship. For example, for a single person with no children, the property goes to parents. Where there are siblings and both parents, it should be divided between a single surviving parent and the siblings. Where both parents are dead, it should go to the siblings. A death intestate affidavit allows the application of the state’s laws in the division of property.

Heirship

Like a death intestate affidavit, an affidavit of heirship is used when a person passes away without a will. In some states, the heir can identify themselves as the heir, where else in other states, they require a third party to declare potential heirs provided they had a personal relationship with the deceased and their intimate knowledge of their family. The third-party should be on who is disinterested in the property.

Informing creditors

A death affidavit can be used as proof and a notification of a person’s demise to creditors. This helps the creditors determine on the way forward whether to clear arrears or seek compensation.

Insurance policies

In cases where the deceased had life insurance, their spouse is required to present an affidavit of death to collect the insurance proceeds.

Consequences of Not Having a Death Affidavit

Not having a death affidavit limits you from carrying out business and official transactions on behalf of the departed. Acquiring one smoothens and speeds up the transactions.

Some of these transactions include;

  • Sale of property
  • Transferring property ownership to heirs
  • Access to the departed’s bank accounts and safe deposit boxes
  • Accessing life insurance and pension funds
  • Filing formal complaints in court on behalf of the deceased

Contents of a Death Affidavit

To convey the intended information, there are several things that must be included in an affidavit of death.

They include;

Signing location of the affidavit: This is the place where the affidavit was signed at, that is, the state or county.

Name and address of the affiant: The person swearing to the information provided in the affidavit (affiant) should give their information, that is, name, address, contact information should they be required for further questions.

The legal age of affiant: As the affiant, you are required to include your age. This is important because they are supposed to be held accountable for any information given in the affidavit.

Identity of the decedent: It is mandatory to identify the deceased in terms of name, age, and their D.O.B (date of birth).

The death date of the decedent: The exact date of death should be given, and one can also choose to include the time of death. Relevant information such as cause can also be given as additional information.

Statement of affirmation: This is the sworn statement that declares that the information provided in the affidavit is accurate, that is, to the best of the affiant’s knowledge.

Sign of notary public: A notary public is a legal practitioner who prepares, attests to, and certifies documents, witnesses’ affidavits, and administers oaths. You should ensure they sign before handing in the affidavit.

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How to Write a Death Affidavit?

Property distribution is a known cause of family disputes upon the death of a family member. In some instances, an affidavit could be the solution to the problem. Therefore, when one is deemed necessary, it is important that you get it right. To write a satisfactory death affidavit, here is the approach you should take.

Firstly, declare the state or place from which you are signing the affidavit. This helps when determining the laws that will guide the property division. You can then proceed to introduce yourself with full names and indicate the day when you wrote the said affidavit. This can be included in your sworn statement. Identify yourself whether the capacity in which you are writing the affidavit, for example, as an heir, spouse, etc., or any other information that might be relevant in this case. You can then proceed to state the decedent in question and their day of death, place of death, place of residence, and any other relevant information.

After the deceased and the affiant’s information have been given, you can now declare the purpose of the affidavit.

The affiant then signs at the bottom of the affidavit. Once completed, you should include the notary’s public signature as your witness. After this, it is ready to go, and you can present it where it is needed.

Legal Considerations

There no laws or regulations that dictate exactly what should be included in an affidavit of death. However, one is advised to ensure the information is presented in a persuasive manner to convince whoever reads the affidavit that the affiant is in a position to give credible information regarding the death of the person in question. Since matters of inheritance and claims are customarily addressed under state probate law, it is important to ensure that you are familiar with your state’s probate law to ascertain that the property in question has been appropriately probated. Affidavits of death that go against the state laws without any proof to state otherwise can cause disputes and should be avoided.

Download Free Templates

You want to write an affidavit of death, and you do not have a starting point on how to go about it? We have provided death affidavit templates that you can download and personalize to meet your requirements. They ease the burden of coming up with a death affidavit from scratch any time one is needed. More importantly, they are free! Just for you. Download! Download!

Affidavit of Death Template 01

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Affidavit of Death Template 03

Affidavit of Death Template 04

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Affidavit of Death Template 07

Affidavit of Death Template 08

Affidavit of Death Template 09

Affidavit of Death Template 10

Affidavit of Death Template 11

    Frequently Asked Questions

    How do I know I need a death affidavit?

    A death affidavit can be required in different scenarios. In most of these scenarios, you are requested to submit one, but in others, it is for you to decide that it is necessary. However, in cases where one was married to the deceased, a child, or any beneficiary of the decedent’s property, having a death affidavit can help in the distribution of this property. For someone who was a businessperson, it is good to prepare one on the demise to be prepared for cases where you will need one.

    How to get a certified copy of a death certificate for a death affidavit?

    You can obtain one through a funeral home or request one from the vital records office of your state, decedent’s state of residence, or state of death occurrence. You can also obtain one from your county clerk. However, it is vital to point out that not everyone can obtain a death certificate; state laws dictate who can request one. Those qualified to request one must be direct relatives by either blood, marriage, or any other legal relationship to the deceased.

    My estranged spouse is threatening to claim I am dead in order to get my name off our home. Is this legal?

    No. Property legally remains to be of both spouses until death, or the court decides otherwise. A death affidavit is legally binding, and such behavior is charged as fraud, and the spouse may face criminal and civil consequences.

    Conclusion

    Without a death affidavit, a spouse or heir can be limited from selling, accessing bank accounts, claiming insurance, transferring funds, or owning a decedent’s property. This is because banks and insurance agencies, and such organizations continue to honor the agreement made between them and the deceased. A death affidavit can also be used to ensure the continuation of a decedent’s business despite their absence as decision-making responsibilities are transferred to someone else. A death affidavit protects all the involved parties by reducing the occurrence of fraudulent behavior.