Verify that someone has passed away: Affidavit of Death
What is an Affidavit of Death?
An Affidavit of Death is a sworn statement that someone has passed away. This legal document can help you take care of the some of the administrative tasks after someone's passing, like notifying businesses, courts, and agencies of the death. For example, you may need to notify your late spouse's life insurance company about their passing; or perhaps you need to take care of an existing car loan payment or credit card debt. Often, this Affidavit and/or a death certificate are needed to close accounts or receive benefits.
When to use an Affidavit of Death:
- You would like to notify the court of the deceased person's death and your interest in the estate.
How do I get my Affidavit of Death reviewed?
If you already have an Affidavit of Death and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Affidavit of Death
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Affidavit of Death
STATE OF
COUNTY OF
I, , residing at , , , being of legal age, depose and say that:
That , , , died on as evidenced by a certified copy of the Certificate of Death, attached hereto;
That decedent owned the following property described in the real property deed attached hereto and incorporated herein;
That I am the successor to the estate of the decedent and to the decedents interest in the described property and no other person has a superior right to the interest of the decedent in the described property;
That no proceeding is being or has been conducted in for administration of the decedent's estate;
That the funeral expenses, expenses of last illness, and all unsecured debts of decedent have been paid.
Oath or Affirmation:
I certify under penalty of perjury under law that I know the contents of this Affidavit signed by me and that the statements are true and correct.
_________________________________________________________
Affidavit of Death FAQs
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How do I create an Affidavit of Death Form online?
It is very simple to get what you need using a free Affidavit of Death template from Rocket Lawyer:
- Make your Affidavit - Provide a few simple details and we will do the rest
- Send or share - Go over the document with an attorney, if needed
- Sign it - Sign your Affidavit and make it legal
Any Affidavit of Death Form from Rocket Lawyer can be personalized to address your particular scenario. When you're ready to begin, simply click on the button that says "Make document". Your Affidavit will be assembled step by step as you provide details throughout the process.
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Do I need an attorney to review my Affidavit of Death?
It’s a good idea to have important documents like your Affidavit of Death reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your Affidavit of Deathdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much would it traditionally cost for me to make an Affidavit of Death?
Attorney fees for drafting or reviewing an Affidavit of Death can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Affidavit of Death tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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What are my next steps after making my Affidavit of Death?
Upon finishing this Affidavit, you will be able to see it on any device. You are encouraged to engage with the document in any or all of these ways: editing it, saving it as a PDF document or Word file, or signing it. Your Affidavit of Death Form also comes with a list of helpful tips on what you can do next.
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Does an Affidavit of Death Form need to be notarized or witnessed?
Yes, an Affidavit of Death Form needs the signature of a notary. Witnesses are not required.
