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Other Names: Death Affidavit Affidavit of Death of Trustee Affidavit of Death of Joint Tenant Affidavit of Death and Heirship
Affidavit of Death document preview

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.

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.

 

 

 

_________________________________________________________

 

STATE OF ss:, ss:

 

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:

    1. Make your Affidavit - Provide a few simple details and we will do the rest
    2. Send or share - Go over the document with an attorney, if needed
    3. 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.

  • Do I need an attorney to review my Affidavit of Death?

    Making an Affidavit of Death is normally straightforward; however, you might need advice. Getting a lawyer to proofread your Affidavit of Death may be fairly time-intensive. A more cost-effective alternative would be via the Rocket Lawyer network. If you sign up for a Premium membership, you can have your document reviewed by an attorney with relevant experience. As always, Rocket Lawyer is here to help.

  • How much would it traditionally cost for me to make an Affidavit of Death?

    The cost of finding and hiring a traditional legal provider to draft an Affidavit of Death can add up to anywhere from two hundred to one thousand dollars, depending on where you are located and how complex the matter is. Rocket Lawyer can offer much more protection than many other Affidavit template providers that you might discover. As a Rocket Lawyer member, you can get up to a 40% discount when hiring an attorney from our network.

  • 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.

  • 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.

Affidavit of Death document preview

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